Towards the recognition of internet access as a human right in Nigeria: a theoretical and legal perspective

The Internet has become a ubiquitous and essential aspect of daily life, facilitating seamless communication and access to information. Despite its significance, many countries, including Nigeria, do not formally recognise internet access as a human right, although there is growing global support for considering internet access as integral to the enjoyment of other rights, such as freedom of expression. Meanwhile, internet shutdowns have become a common method of restricting access, significantly undermining citizens’ ability to freely access, disseminate, and impart information. Against this backdrop, this article employs human rights theory, with a focus on positive and negative rights, alongside networked society theory, to argue that the Nigerian state has both a legal and moral obligation to recognise and protect internet access as a human right. Through these theoretical frameworks, it examines how two recent judgments by the ECOWAS Community Court of Justice – Amnesty International Togo & Ors v The Togolese Republic and SERAP v FRN – along with relevant provisions of the Nigerian Communications Act 2003 and the Universal Access and Service Regulations 2007, provide a basis for advancing the recognition of internet access as a human right in Nigeria.