Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) and 176
concerned Nigerians have filed a lawsuit against the government of
President Muhammadu Buhari over “the unlawful suspension of Twitter
in Nigeria, criminalization of Nigerians and other people using
Twitter, and the escalating repression of human rights,
particularly the rights to freedom of expression, access to
information, and media freedom in the country.”
![image](/2020/10/lawreport.jpg")
![image](/2021/05/lawp.jpg")
Following the deletion of President Muhammadu Buhari’s tweet,
the Minister of Information and Culture, Lai Mohammed last week
announced the suspension of Twitter in Nigeria. The government has
also threatened to arrest and prosecute anyone using Twitter in the
country, while the National Broadcasting Commission (NBC) has asked
all broadcast stations to suspend the patronage of Twitter.
![image](/2021/05/NBASBL2021.jpg")
In the suit
No ECW/CCJ/APP/23/21 filed today before
the ECOWAS Community Court of Justice in Abuja, SERAP and the
concerned Nigerians are seeking: “An order of interim injunction
restraining the Federal Government from implementing its suspension
of Twitter in Nigeria, and subjecting anyone including media
houses, broadcast stations using Twitter in Nigeria, to harassment,
intimidation, arrest and criminal prosecution, pending the hearing
and determination of the substantive suit.”
In the suit filed by Solicitor to SERAP, Femi Falana SAN, the
Plaintiffs contend that “if this application is not urgently
granted, the Federal Government will continue to arbitrarily
suspend Twitter and threaten to impose criminal and other sanctions
on Nigerians, telecommunication companies, media houses, broadcast
stations and other people using Twitter in Nigeria, the perpetual
order sought in this suit might be rendered nugatory.”
The suit, read in part: “The suspension of Twitter is aimed at
intimidating and stopping Nigerians from using Twitter and other
social media platforms to assess government policies, expose
corruption, and criticize acts of official impunity by the agents
of the Federal Government.”
“The free communication of information and ideas about public
and political issues between citizens and elected representatives
is essential. This implies a free press and other media able to
comment on public issues without censor or restraints, and to
inform public opinion. The public also has a corresponding right to
receive media output.”
“Freedom of expression is a fundamental human right and the full
enjoyment of this right is central to achieving individual freedom
and to developing democracy. It is not only the cornerstone of
democracy, but indispensable to a thriving civil society.”
“The arbitrary action by the Federal Government and its agents
have negatively impacted millions of Nigerians who carry on their
daily businesses and operational activities on Twitter. The
suspension has also impeded the freedom of expression of millions
of Nigerians, who criticize and influence government policies
through the microblogging app.”
“The suspension of Twitter is arbitrary, and there is no law in
Nigeria today permitting the prosecution of people simply for
peacefully exercising their human rights through Twitter and other
social media platforms.”
“The suspension and threat of prosecution by the Federal
Government constitute a fundamental breach of the country’s
international human rights obligations including under Article 9 of
the African Charter on Human and Peoples’ Rights and Article 19 of
International Covenant on Civil and Political Rights to which
Nigeria is a state party.”
“The suspension has seriously undermined the ability of
Nigerians and other people in the country to freely express
themselves in a democracy, and undermined the ability of
journalists, media houses, broadcast stations, and other people to
freely carry out their professional duties.”
“A lot of Nigerians at home and abroad rely on Twitter coverage
of topical issues of public interest to access impartial, objective
and critical information about ideas and views on how the Nigerian
government is performing its constitutional and international human
rights obligations.”
“The implication of the decline in freedom of expression in
Nigeria is that the country is today ranked alongside countries
hostile to human rights and media freedom such as Afghanistan,
Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia.”
SERAP and the concerned Nigerians are therefore asking the
ECOWAS Court of Justice for the following reliefs:
- A DECLARATION that the action of
the Defendant and its agents in suspending the operation of Twitter
or any other social media and microblogging application without an
order of a competent court of jurisdiction is unlawful,
inconsistent and incompatible with Article 9 of the African Charter
on Human and Peoples’ Rights and Article 19 of International
Covenant on Civil and Political Rights. - A DECLARATION that the act of
the Defendant in mandating its agent to commence and continue to
regulate the social media in Nigeria amounts to restriction and
censorship, thus violating Nigeria’s obligations under the African
Charter on Human and Peoples’ Rights and Article 19 of
International Covenant on Civil and Political Rights. - A DECLARATION that the act of
the Defendant and its agents in suspending the operation of Twitter
or any other social media and microblogging application in Nigeria
without any offence known to law is incompatible with Nigeria’s
international human rights obligations, and are therefore null and
void to the extent of their inconsistency and incompatibility. - A DECLARATION that the directive
by the Defendant, through the National Broadcasting Commission,
directing and ‘advising’ broadcast stations to deactivate their
Twitter accounts and discontinue its use is a breach of the
citizens’ right to freedom of expression, access to information as
well as media freedom, and therefore, null and void. - A DECLARATION that the act of
the Defendant to frequently threaten Nigerians and other people who
use Twitter and/or other social microblogging applications in
Nigeria with criminal prosecution and the actual act of suspending
the operations of Twitter in Nigeria, violates the principle that
there is no punishment without law, and the right to fair hearing,
and therefore, null and void. - AN ORDER setting aside the
suspension, ban, sanction or other punishments whatsoever imposed
on Twitter, Nigerians, media houses, broadcast stations and any
social media service providers by the Defendant and its
agents. - AN ORDER directing the Defendant
and its agents to immediately revoke, withdraw and/or rescind their
suspension or ban of Twitter and/or any other social media service
provider(s) in Nigeria in line with Nigeria’s obligations under the
African Charter on Human and Peoples’ Rights, the International
Covenant on Civil and Political Rights and the Revised ECOWAS
Treaty 1993. - AN ORDER OF PERPETUAL
INJUNCTION restraining the Defendant and its
agents from unlawfully imposing sanctions and other punishment
including criminal prosecution or doing anything whatsoever to
harass Twitter, broadcast stations, Nigerians and other people and
any social media service provider(s), and media houses who are
Twitter users. - SUCH FURTHER orders the
Honorable Court may deem fit to make in the circumstances of this
suit.
No date has been fixed for the hearing of the interim
application and the substantive suit.
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) and 176
concerned Nigerians have filed a lawsuit against the government of
President Muhammadu Buhari over “the unlawful suspension of Twitter
in Nigeria, criminalization of Nigerians and other people using
Twitter, and the escalating repression of human rights,
particularly the rights to freedom of expression, access to
information, and media freedom in the country.”
Following the deletion of President Muhammadu Buhari’s tweet,
the Minister of Information and Culture, Lai Mohammed last week
announced the suspension of Twitter in Nigeria. The government has
also threatened to arrest and prosecute anyone using Twitter in the
country, while the National Broadcasting Commission (NBC) has asked
all broadcast stations to suspend the patronage of Twitter.
In the suit
No ECW/CCJ/APP/23/21 filed today before
the ECOWAS Community Court of Justice in Abuja, SERAP and the
concerned Nigerians are seeking: “An order of interim injunction
restraining the Federal Government from implementing its suspension
of Twitter in Nigeria, and subjecting anyone including media
houses, broadcast stations using Twitter in Nigeria, to harassment,
intimidation, arrest and criminal prosecution, pending the hearing
and determination of the substantive suit.”
In the suit filed by Solicitor to SERAP, Femi Falana SAN, the
Plaintiffs contend that “if this application is not urgently
granted, the Federal Government will continue to arbitrarily
suspend Twitter and threaten to impose criminal and other sanctions
on Nigerians, telecommunication companies, media houses, broadcast
stations and other people using Twitter in Nigeria, the perpetual
order sought in this suit might be rendered nugatory.”
The suit, read in part: “The suspension of Twitter is aimed at
intimidating and stopping Nigerians from using Twitter and other
social media platforms to assess government policies, expose
corruption, and criticize acts of official impunity by the agents
of the Federal Government.”
“The free communication of information and ideas about public
and political issues between citizens and elected representatives
is essential. This implies a free press and other media able to
comment on public issues without censor or restraints, and to
inform public opinion. The public also has a corresponding right to
receive media output.”
“Freedom of expression is a fundamental human right and the full
enjoyment of this right is central to achieving individual freedom
and to developing democracy. It is not only the cornerstone of
democracy, but indispensable to a thriving civil society.”
“The arbitrary action by the Federal Government and its agents
have negatively impacted millions of Nigerians who carry on their
daily businesses and operational activities on Twitter. The
suspension has also impeded the freedom of expression of millions
of Nigerians, who criticize and influence government policies
through the microblogging app.”
“The suspension of Twitter is arbitrary, and there is no law in
Nigeria today permitting the prosecution of people simply for
peacefully exercising their human rights through Twitter and other
social media platforms.”
“The suspension and threat of prosecution by the Federal
Government constitute a fundamental breach of the country’s
international human rights obligations including under Article 9 of
the African Charter on Human and Peoples’ Rights and Article 19 of
International Covenant on Civil and Political Rights to which
Nigeria is a state party.”
“The suspension has seriously undermined the ability of
Nigerians and other people in the country to freely express
themselves in a democracy, and undermined the ability of
journalists, media houses, broadcast stations, and other people to
freely carry out their professional duties.”
“A lot of Nigerians at home and abroad rely on Twitter coverage
of topical issues of public interest to access impartial, objective
and critical information about ideas and views on how the Nigerian
government is performing its constitutional and international human
rights obligations.”
“The implication of the decline in freedom of expression in
Nigeria is that the country is today ranked alongside countries
hostile to human rights and media freedom such as Afghanistan,
Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia.”
SERAP and the concerned Nigerians are therefore asking the
ECOWAS Court of Justice for the following reliefs:
- A DECLARATION that the action of
the Defendant and its agents in suspending the operation of Twitter
or any other social media and microblogging application without an
order of a competent court of jurisdiction is unlawful,
inconsistent and incompatible with Article 9 of the African Charter
on Human and Peoples’ Rights and Article 19 of International
Covenant on Civil and Political Rights. - A DECLARATION that the act of
the Defendant in mandating its agent to commence and continue to
regulate the social media in Nigeria amounts to restriction and
censorship, thus violating Nigeria’s obligations under the African
Charter on Human and Peoples’ Rights and Article 19 of
International Covenant on Civil and Political Rights. - A DECLARATION that the act of
the Defendant and its agents in suspending the operation of Twitter
or any other social media and microblogging application in Nigeria
without any offence known to law is incompatible with Nigeria’s
international human rights obligations, and are therefore null and
void to the extent of their inconsistency and incompatibility. - A DECLARATION that the directive
by the Defendant, through the National Broadcasting Commission,
directing and ‘advising’ broadcast stations to deactivate their
Twitter accounts and discontinue its use is a breach of the
citizens’ right to freedom of expression, access to information as
well as media freedom, and therefore, null and void. - A DECLARATION that the act of
the Defendant to frequently threaten Nigerians and other people who
use Twitter and/or other social microblogging applications in
Nigeria with criminal prosecution and the actual act of suspending
the operations of Twitter in Nigeria, violates the principle that
there is no punishment without law, and the right to fair hearing,
and therefore, null and void. - AN ORDER setting aside the
suspension, ban, sanction or other punishments whatsoever imposed
on Twitter, Nigerians, media houses, broadcast stations and any
social media service providers by the Defendant and its
agents. - AN ORDER directing the Defendant
and its agents to immediately revoke, withdraw and/or rescind their
suspension or ban of Twitter and/or any other social media service
provider(s) in Nigeria in line with Nigeria’s obligations under the
African Charter on Human and Peoples’ Rights, the International
Covenant on Civil and Political Rights and the Revised ECOWAS
Treaty 1993. - AN ORDER OF PERPETUAL
INJUNCTION restraining the Defendant and its
agents from unlawfully imposing sanctions and other punishment
including criminal prosecution or doing anything whatsoever to
harass Twitter, broadcast stations, Nigerians and other people and
any social media service provider(s), and media houses who are
Twitter users. - SUCH FURTHER orders the
Honorable Court may deem fit to make in the circumstances of this
suit.
No date has been fixed for the hearing of the interim
application and the substantive suit.