Twitter Ban: VPN Use Not A Crime In Nigeria — Lawyer Tells Buhari Govt

Human Rights Lawyer, Adeola Oyinlade, has condemned the move by
the federal government to prosecute Nigerians still using Twitter
via VPN despite the suspension of the social media platform.

Attorney-General of the Federation and Minister of Justice,
Abubakar Malami had directed the Director of Public Prosecution to
go after those violating the order.

Several Nigerians, public office holders, government agencies,
embassies, diplomats, the media have defied the order. Many accuse
the Muhammadu Buhari administration of autocracy.

Oyinlade declared the directive, “illegal and unconstitutional,”
insisting that the Twitter ban cannot override the 1999
Constitution of the Federal Republic of Nigeria as amended.

The legal practitioner said in plethora of cases decided, the
Supreme Court held that before a crime can be committed, it has to
be defined by the law validly enacted by the National Assembly or
States House of Assembly with punishment described.

Oyinlade recalled that the Supreme Court, in the case of Aoko v
Fagbemi, held that nobody could be punished for an offence that was
not part of written laws at the time it was committed.

“The implication of the court decision in the aforementioned
case is that a man may be punished for a breach of the law, but he
cannot be punished for nothing else.

“In other words, powers can only be exercised in accordance with
written law made by the lawmakers. The use of the Virtual Private
Networks (VPN) by many Nigerians cannot amount to crime as of today
in Nigeria.”

Oyinlade warned that the arrest and prosecution of citizens for
using Twitter contravenes the grand norm which is the
constitution.

The President, Constitutional Rights Awareness and Liberty
Initiative reminded the AGF that, “mere directive from the
government cannot take a place of law.”

He kicked against the arrest of Nigerians, who cannot be
arraigned within the timeframe stipulated, as the courts are still
under locks due to the strike by judicial workers.

Oyinlade said the constitution is so supreme to the extent that
any other law that contravenes its provisions shall be declared
null and void to the extent of its inconsistency.

The lawyer added that the right to freedom of expression
remained very essential and fundamental to the development of a
civilized society.

Human Rights Lawyer, Adeola Oyinlade, has condemned the move by
the federal government to prosecute Nigerians still using Twitter
via VPN despite the suspension of the social media platform.

Attorney-General of the Federation and Minister of Justice,
Abubakar Malami had directed the Director of Public Prosecution to
go after those violating the order.

Several Nigerians, public office holders, government agencies,
embassies, diplomats, the media have defied the order. Many accuse
the Muhammadu Buhari administration of autocracy.

Oyinlade declared the directive, “illegal and unconstitutional,”
insisting that the Twitter ban cannot override the 1999
Constitution of the Federal Republic of Nigeria as amended.

The legal practitioner said in plethora of cases decided, the
Supreme Court held that before a crime can be committed, it has to
be defined by the law validly enacted by the National Assembly or
States House of Assembly with punishment described.

Oyinlade recalled that the Supreme Court, in the case of Aoko v
Fagbemi, held that nobody could be punished for an offence that was
not part of written laws at the time it was committed.

“The implication of the court decision in the aforementioned
case is that a man may be punished for a breach of the law, but he
cannot be punished for nothing else.

“In other words, powers can only be exercised in accordance with
written law made by the lawmakers. The use of the Virtual Private
Networks (VPN) by many Nigerians cannot amount to crime as of today
in Nigeria.”

Oyinlade warned that the arrest and prosecution of citizens for
using Twitter contravenes the grand norm which is the
constitution.

The President, Constitutional Rights Awareness and Liberty
Initiative reminded the AGF that, “mere directive from the
government cannot take a place of law.”

He kicked against the arrest of Nigerians, who cannot be
arraigned within the timeframe stipulated, as the courts are still
under locks due to the strike by judicial workers.

Oyinlade said the constitution is so supreme to the extent that
any other law that contravenes its provisions shall be declared
null and void to the extent of its inconsistency.

The lawyer added that the right to freedom of expression
remained very essential and fundamental to the development of a
civilized society.