Internet Access as a Human Right in Nigeria

The internet, in its current state, is ubiquitous, and has become a critical component of daily life, enabling seamless communication and access to information. Internet access is an essential Intellectual Property enabler, fostering creativity, innovation, and knowledge sharing. In June 2012, ICT ministers from African Union member states jointly declared access to broadband as a human right. However, this declaration has not resulted in concrete legislative changes to explicitly recognise internet access as a human right in many countries, including Nigeria. Even without explicit recognition, there is growing support for considering internet access as part of the enjoyment of other rights, including freedom of expression. Nevertheless, in many African countries, Nigeria included, internet shutdowns are some of the most common ways through which access to the internet is curtailed, impacting citizens' right to freely access, disseminate and impart information. Against this backdrop, this paper investigates existing legal frameworks in Nigeria to determine the extent to which internet access is recognised either as a right in itself or as an enabler of other rights. It argues that while there are no explicit constitutional provisions recognising internet access as a human right, a combined analysis of two recent judgments of the ECOWAS Community Court of Justice and relevant provisions of the Nigerian Communications Act 2003, as well as the Universal Access and Service Regulations 2007, could be an alternative approach for extending the argument for internet access as a human right in Nigeria.