Ajulo Criticises Federal Plan To Prosecute Twitter Users

Constitutional lawyer Dr Kayode Ajulo has criticised the planned
prosecution of Twitter users by the federal government, saying that
such a move has no basis in the 1999 constitution of the Federal
Republic of Nigeria.

Reacting to a statement credited to the Minister of Justice and
Attorney General of the federation, Mr Ibrahim Malami, that users
of Twitter will henceforth be prosecuted, Ajulo urged the federal
government to tread softly and be guided by the 1999
constitution.

In a statement he released on Sunday, the legal luminary said no
individual or corporate organisation has the right to prosecute any
Nigerian for an offence not mentioned in the constitution.

‘Sequel to the temporary ban of Twitter operations in Nigeria by
the Federal Government on Friday, 4th June 2021, my attention has
been drawn to a directive credited to the Attorney General of the
Federation for the prosecution of violators of the ban of the
blogging company in Nigeria,’ he said.

‘Without prejudice to the rationale for the ban of the blogging
site, it must be noted that the Nigerian democracy is a
constitutional democracy based on the rule of law. Where the rule
of law reigns, political expediency ought to be sacrificed on the
altar of the rule of law so as to guarantee the continued existence
of democratic institutions fashioned to promote social values of
liberty, orderly conduct and development.

‘The constitution of a nation is the fons et origo, not only of
the jurisprudence but also of the legal system of the nation. It is
the beginning and the end of the legal system. In the Greek
language, it is the alpha and the omega and the barometer with
which Government actions are measured.

‘Without prejudice to the rationale for the ban of the blogging
site in Nigeria, it is imperative to note that the provisions of
Section 36(12) of the 1999 Constitution are clear to the effect no
one shall be prosecuted for an offence not known to Law.

‘For the sake of emphasis and for the avoidance of doubt,
Section 36 (12) provides as follows:

“Subject as otherwise provided by this Constitution, a person
shall not be convicted of a criminal offence unless that offence is
defined and the penalty, therefore, is prescribed in a written law,
and in this subsection, a written law refers to an Act of the
National Assembly or a Law of a State, any subsidiary legislation
or instrument under the provisions of law.”

‘The cases of Aoko Vs. Fagbemi (1961) 1 All NLR 400; A.G.F. Vs.
Isong (1986) 1QLRN 75 are also quite pungent on this.

‘I have carefully spectated the contents of our various penal
laws and nowhere is a Citizen of the Country prohibited from
receiving or disseminating information which as a right guaranteed
under Section 39 of the Constitution.

‘While I am weary to believe that the statement credited to the
Honourable Attorney General of Federation, Mr Abubakar Malami, SAN,
is with respect, inchoate as the position of law is clear and
unambiguous and whatever directive issued for the prosecution of
violators of the ban of Twitter blog in Nigeria runs contrary to
the Letters and the spirit of the Constitution and same
anachronistic in a democratic society where rule of law ought to be
the guiding compass,’ he added.

Constitutional lawyer Dr Kayode Ajulo has criticised the planned
prosecution of Twitter users by the federal government, saying that
such a move has no basis in the 1999 constitution of the Federal
Republic of Nigeria.

Reacting to a statement credited to the Minister of Justice and
Attorney General of the federation, Mr Ibrahim Malami, that users
of Twitter will henceforth be prosecuted, Ajulo urged the federal
government to tread softly and be guided by the 1999
constitution.

In a statement he released on Sunday, the legal luminary said no
individual or corporate organisation has the right to prosecute any
Nigerian for an offence not mentioned in the constitution.

‘Sequel to the temporary ban of Twitter operations in Nigeria by
the Federal Government on Friday, 4th June 2021, my attention has
been drawn to a directive credited to the Attorney General of the
Federation for the prosecution of violators of the ban of the
blogging company in Nigeria,’ he said.

‘Without prejudice to the rationale for the ban of the blogging
site, it must be noted that the Nigerian democracy is a
constitutional democracy based on the rule of law. Where the rule
of law reigns, political expediency ought to be sacrificed on the
altar of the rule of law so as to guarantee the continued existence
of democratic institutions fashioned to promote social values of
liberty, orderly conduct and development.

‘The constitution of a nation is the fons et origo, not only of
the jurisprudence but also of the legal system of the nation. It is
the beginning and the end of the legal system. In the Greek
language, it is the alpha and the omega and the barometer with
which Government actions are measured.

‘Without prejudice to the rationale for the ban of the blogging
site in Nigeria, it is imperative to note that the provisions of
Section 36(12) of the 1999 Constitution are clear to the effect no
one shall be prosecuted for an offence not known to Law.

‘For the sake of emphasis and for the avoidance of doubt,
Section 36 (12) provides as follows:

“Subject as otherwise provided by this Constitution, a person
shall not be convicted of a criminal offence unless that offence is
defined and the penalty, therefore, is prescribed in a written law,
and in this subsection, a written law refers to an Act of the
National Assembly or a Law of a State, any subsidiary legislation
or instrument under the provisions of law.”

‘The cases of Aoko Vs. Fagbemi (1961) 1 All NLR 400; A.G.F. Vs.
Isong (1986) 1QLRN 75 are also quite pungent on this.

‘I have carefully spectated the contents of our various penal
laws and nowhere is a Citizen of the Country prohibited from
receiving or disseminating information which as a right guaranteed
under Section 39 of the Constitution.

‘While I am weary to believe that the statement credited to the
Honourable Attorney General of Federation, Mr Abubakar Malami, SAN,
is with respect, inchoate as the position of law is clear and
unambiguous and whatever directive issued for the prosecution of
violators of the ban of Twitter blog in Nigeria runs contrary to
the Letters and the spirit of the Constitution and same
anachronistic in a democratic society where rule of law ought to be
the guiding compass,’ he added.