Twitter Vs. Nigeria; The Human Rights Of Twitter Inc And The Twitter Users

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Daily Law Tips (Tip 806) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)

Introduction:

Nigeria is a democratic state governed by written laws and its
government has the mandate to maintain law and order within its
territory, at all times. There are fundamental human rights in
Nigeria but most of the fundamental human rights are not absolute,
since they can be suspended. The Constitution of Nigeria allows
government to restrict and limit some fundamental human rights
under certain specific circumstances, however, through some legal
procedures.

On 5 June 2021, the Federal Government of Nigeria banned Twitter
in Nigeria, after the micro-blogging site deleted the tweets
(public messages) of the President of Nigeria and as Nigeria puts
it; “for activities that are capable of undermining Nigeria’s
corporate existence. “Twitter had deleted the presidential
messages, claiming that the message was offensive, being a message
threatening to offend the people of southern Nigeria. Facebook also
removed similar presidential messages but has not been banned yet.
Twitter is a social networking service launched in July 2006 and
founded by Jack Dorsey and three others, having a total asset of
USD $13.37 Billion as at 2020.

So far, many international and local institutions have condemned
the ban on Twitter, including; Amnesty International,
Socio-Economic Rights and Accountability Project (SERAP), the
Nigerian Bar Association, The Redeemed Christian Church of God,
Nigeria Union of Journalists, Deeper Christian Life Ministry
Worldwide, Online Publishers of Nigeria and many others, as well as
the governments of Britain, Canada, United States, Ireland and the
European Union.

This work examines the fundamental human rights in Nigeria and
the ban on Twitter and Twitter Users in Nigeria. It focuses on the
fundamental human rights of Twitter Inc. and other businesses in
Nigeria as well as the right of Nigerians (Twitter Users) to
express their views through “any media and
regardless of frontier”.

Fundamental Human Rights In
Nigeria:

Fundamental human rights are basic, elementary, mandatory,
compulsory and unshakable entitlements of persons. Fundamental
human rights are never purchased rather they are inborn and inbuilt
on every person (human being or corporate
being). List of
Fundamental Human Rights In Nigeria.^[1]

There are not too many fundamental human rights in Nigeria. The
few fundamental human rights in Nigeria are contained in the
Constitution of Nigeria, 1999 and also in the African Charter on
Human and People’s Rights. The African Charter on Human and
People’s Rights has expanded the fundamental human rights in
Nigeria.

The fundamental human rights contained in the constitution of
Nigeria are: Right to Life, Right to Dignity of Human Person, Right
to Personal Liberty, Right to Fair Hearing, Right to Private and
Family Life, Right to Freedom of Thought, Conscience and Religion,
Right to Freedom of Expression and the Press, Rights to Peaceful
Assembly and Association, Right to Freedom of Movement, Right to
Freedom from Discrimination and then, Right to Acquire and Own
Immovable Property anywhere in Nigeria.

Generally, these rights should not be violated by any person,
including government, the law enforcement agencies or agents in any
part of Nigeria. Consequently, where there is a violation or even
mere attempted violation of a fundamental human right, the victim
and any other person on behalf of the victim, can seek justice
against the violator.

Clearly, the fundamental human rights allow Nigerians and
foreigners to own businesses and operate their businesses in
Nigeria. On this ground, Twitter Inc. (a business owned by Jack
Dorsey and others) has the fundamental human rights to operate in
Nigeria, however, in accordance with the laws of Nigeria.

Fundamental Human Rights of Twitter Inc. and
Users of Twitter:

In Nigeria, people are free to communicate in private and public
media, on newspapers, televisions, groups, social networks and
others. The fundamental human rights (specifically, the Right to
Private and Family Life, Right to Freedom of Thought, Conscience
and Religion, Right to Freedom of Expression and the Press, Rights
to Peaceful Assembly and Association) empower such communications.
Hence, any unlawful conduct or ban that may tamper with such rights
is a violation of the rights.

It is important to mention that the Universal Declaration of
Human Rights, clearly in Article 19, prohibits the ban or
restriction of the choice of media platforms to be used by people
in their expression of the rights to freedom of expression and
others. The simple diction of Article 19 makes it attractive its
reproduction below; “Everyone has the right to freedom of opinion
and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information
and ideas through any media and regardless of
frontiers”.

The ban of Twitter, any social media platform or foreign media
organization in Nigeria is a violation of the right to Nigerians to
air their views through “any media and regardless
of frontier”. The ban on media organization is not only a
violation of the rights of the media organization but a violation
of all users and prospective users of the media organization.
However, there are two specific circumstances, wherein government
is allowed to lawfully ban and restrict some fundamental human
rights. The 2 legal procedures for such are via a written law or a
declaration of a state of emergency in a part of Nigeria.
“Human
Rights That Can Never Be Restricted Even In War, Pandemic or State
of Emergency”^[2].

The present ban on Twitter and Twitter Users was made via a
social media post and that is no law. mere television/radio
comments, policy documents/broadcasts, social media posts or public
threats and pleas of President, Governor or their agents are not
laws or regulations. At best, such threats/pleas are policy
guidelines/directions and in Nigeria, policy guidelines of
government are not laws.

Conclusion:

Generally, persons in Nigeria have fundamental human rights. The
interactions of the fundamental human rights have secured the
operation of businesses like Twitter, in Nigeria. However, most
fundamental human rights are not absolute, since there are
constitutional procedures for them to be ‘lawfully violated” by the
governments in Nigeria. “Does
The President/Governors Have Powers To Lockdown Any Part Of Nigeria
Or Restrict Human Rights?”^[3].

The recent ban of Twitter and the threat to prosecute users of
Twitter in Nigeria calls for the re-examination of the actions of
Nigerian government viz-a-viz the fundamental human rights in
Nigeria. The government of Nigeria has rather unlawfully and
unconstitutionally banned Twitter and the users of Twitter and as
such continues to violate the fundamental human rights of millions
of users of Twitter in Nigeria. Hence, the judicial arm of
governments in Nigeria is expected to be called in by Nigerians and
activists in the search for legal remedies in the Nigerian courts.
However, the National Human Rights Commission (NHRC) and the ECOWAS
Court of Justice (sitting in Abuja) are better alternatives to the
striking and often very slow Nigerian courts in the quest for
justice for Nigerians. An
Alternative to Courts for Human Rights Cases.^[4]

My authorities, are:

Sections 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43,
44, 45, 305, 318 and 319 of the Constitution of the Federal
Republic of Nigeria, 1999.
Article 19 of the Universal Declaration for Human Rights.
Sections 6, 7, 8 and 22 of the National Human Rights Commission
(Amendment) Act 2010.
Sections 1, 2, 5 and 6, the National Human Rights Commission
(Amendment) Act 1995.
The judgment of the Supreme Court of Nigeria (on meaning and
nature of fundamental human rights) in the case of RANSOME-KUTI &
ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
The judgment of the Supreme Court of Nigeria (on meaning and
nature of fundamental human rights) in the case of AGBAI & ORS v.
OKOGBUE (1991) LPELR-225(SC).
The judgment of the Supreme Court of Nigeria (on when and why
fundamental human rights can be restricted/suspended) in the case
of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
The Supreme Court judgment on “Meaning of Regulation” in the
case of AG LAGOS STATE v. EKO HOTELS LTD & ANOR (2006)
LPELR-3161(SC)
The Court of Appeal judgment on “Meaning of Executive
Order/Regulation” in the case of ELEPHANT GROUP PLC v. NATIONAL
SECURITY ADVISER & ANOR (2018) LPELR-45528(CA)
The Supreme Court judgment on “Policy Documents/Guidance” in
the case of COMPTROLLER GENERAL OF CUSTOMS & ORS v. COMPTROLLER
ABDULLAHI B. GUSAU (2017) LPELR-42081(SC).
The Supreme Court judgment on “Policy Documents/Guidance” in
the case of UNION BANK OF NIGERIA PLC & ANOR. v. IFEOLUWA NIG.
ENTERPRISES LTD (2007) 7 NWLR (Pt.1032) 71 at 84.
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2021
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