The Foundation for Digital Justice has sued TikTok Inc. at the Federal High Court in Abuja over alleged restrictions on access to the platform in Kaduna, Kano, Kebbi and Sokoto states. The organisation is asking the court to order TikTok to restore access to millions of users in the affected states. The suit was filed on October 5, 2026, by the Foundation’s lead counsel, Festus Ogun. It was brought under the Fundamental Rights Enforcement Procedure Rules, 2009. The Foundation alleged that the restrictions violated Nigerians’ constitutional rights to freedom of expression and freedom from discrimination. Users Report Access Problems In an affidavit filed in support of the suit, the Foundation’s legal officer, Abidat Idowu, said users in the four states began experiencing difficulties accessing TikTok around September 11. By September 14, she said, access to the platform had become “completely restricted and inaccessible to millions of Nigerian Users in Kaduna, Kano, Kebbi and Sokoto States.” According to the affidavit, users on regular mobile data connections were affected. Their feeds were reportedly freezing, while videos failed to load and uploads repeatedly stalled. “These users cannot load videos, refresh their feeds and upload content on TikTok,” Idowu stated. The Foundation further alleged that the disruption had prevented affected users from accessing and sharing information or participating in online discussions. “Millions of Nigerian Users in Kaduna, Kano, Kebbi and Sokoto States are left out of access to information, they cannot disseminate information, they cannot receive information and cannot express their opinions on the Respondent’s TikTok’s platform owing to the restriction and/or disruption,” the affidavit stated. Foundation Alleges Discrimination The organisation said some affected users had been able to regain access by using virtual private networks, commonly known as VPNs. It also alleged that TikTok remained fully accessible to users in other parts of Nigeria. “Disturbingly, except in Kaduna, Kano, Kebbi and Sokoto States, users in all other parts of Nigeria continue to enjoy unrestricted and unfettered access and usage of Respondent’s TikTok App,” Idowu stated. The Foundation argued that TikTok had not provided an explanation for the alleged difference in access. “The Respondent has also not provided any explanation for the obvious exclusion, discrimination and restriction of access against all TikTok users in Kaduna, Kano, Kebbi and Sokoto States,” the affidavit said. The organisation wants the court to determine whether the alleged restriction violates Section 39 of the 1999 Constitution, which protects freedom of expression, as well as Article 9 of the African Charter on Human and Peoples’ Rights. It is also asking the court to determine whether the alleged differential treatment violates Section 42 of the Constitution and Article 2 of the African Charter, which protect against discrimination. TikTok Access Described as Critical The Foundation argued that TikTok has become more than an entertainment platform in Nigeria. According to the organisation, the platform is widely used for communication, journalism, business, civic participation, and political and social discourse. “The Respondent’s platform is very critical for communication, journalism, civic participation, business, political and social discourse in Nigeria and the restriction of millions of TikTok users in Kaduna, Kano, Kebbi and Sokoto States has unduly excluded them,” it said. The Foundation also argued that activities such as posting, liking, reposting and replying to content constitute forms of expression. It stated that users affected by the alleged restriction were prevented from viewing, posting, replying to, reposting or liking content on TikTok. The organisation therefore described the alleged restrictions as an exclusion of residents of the four states from what it termed a public forum. What the Foundation Wants The Foundation is seeking several orders from the court. It wants the alleged restrictions to be declared “wrongful, unconstitutional, arbitrary” and a violation of the right to freedom of expression. It is also asking the court to declare that restricting users in the four states while allowing access elsewhere in Nigeria amounts to discrimination. In addition, the organisation wants TikTok to immediately restore access to affected users. It is seeking a perpetual injunction preventing the company from imposing similar restrictions on users in the affected states, or elsewhere in Nigeria, without lawful justification. The Foundation is also asking the court to order TikTok to publish a public apology in three national newspapers within seven days of judgment. It said the legal action was necessary to protect digital rights and uphold the rule of law. “This lawsuit is imperative for the enforcement of fundamental rights to freedom of expression and freedom from discrimination and preservation of the rule of law,” the affidavit stated. The Foundation further argued that unless the reliefs sought were granted, the alleged violations would continue to affect millions of TikTok users in the four states.
