ECOWAS Court Stops FG From Prosecuting Nigerians For Using Twitter

The ECOWAS Court of Justice in Abuja in a landmark ruling today
“restrained the government of President Muhammadu Buhari and its
agents from unlawfully imposing sanctions or doing anything
whatsoever to harass, intimidate, arrest or prosecute Twitter
and/or any other social media service provider(s), media houses,
radio and television broadcast stations, the Plaintiffs and other
Nigerians who are Twitter users, pending the hearing and
determination of this suit.”

The ruling followed the suit filed against the government by
Socio-Economic Rights and Accountability Project (SERAP) and 176
concerned Nigerians arguing that “the unlawful suspension of
Twitter in Nigeria, criminalization of Nigerians and other people
using Twitter have escalated repression of human rights and
unlawfully restricted the rights of Nigerians and other people to
freedom of expression, access to information, and media freedom in
the country.”

The court gave the order after hearing arguments from Solicitor
to SERAP, Femi Falana SAN, and lawyer to the government Maimuna
Shiru.

The court said: “The court has listened very well to the
objection by Nigeria. The court has this to say. Any interference
with Twitter is viewed as inference with human rights, and that
will violate human rights. Therefore, this court has jurisdiction
to hear the case. The court also hereby orders that the application
be heard expeditiously. The Nigerian government must take immediate
steps to implement the order.”

This development was disclosed today by SERAP deputy director
Kolawole Oluwadare.

Reacting to the ruling, Femi Falana, SAN said: “The intervention
of the ECOWAS Court is a timely relief for millions of Nigerians
using Twitter who have been threatened with prosecution under the
provision of the Penal Code relating to sedition.”

“Contrary to the assurance credited to the Attorney General of
the Federation and Minister of Justice Mr Abubakar Malami, SAN that
violators of the Twitter would not be prosecuted, the Federal
Government filed processes in the ECOWAS Court threatening to
prosecute Nigerians using Twitter for violating the suspension
under the provisions of the Penal Code relating to sedition.”

“It is extremely embarrassing that the Federal Government could
threaten to jail Nigerians for sedition, which was annulled by the
Court of Appeal in 1983, in the case of Arthur Nwankwo vs The
State.”

The suit and the ruling followed the suspension of Twitter by
the Minister of Information and Culture, Lai Mohammed after the
social media giant was banned in the country for deleting President
Muhammadu Buhari’s tweet. The National Broadcasting Commission
(NBC) also ordered TV and radio stations to “suspend the patronage
of Twitter immediately”, and told them to delete ‘unpatriotic’
Twitter.

The substantive suit has been adjourned to 6th July 2021 for
hearing of the substantive suit.

It would be recalled that SERAP and the concerned Nigerians had
in the suit No ECW/CCJ/APP/23/21 sought “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.”

The suit, read in part “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 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.”

The ECOWAS Court of Justice in Abuja in a landmark ruling today
“restrained the government of President Muhammadu Buhari and its
agents from unlawfully imposing sanctions or doing anything
whatsoever to harass, intimidate, arrest or prosecute Twitter
and/or any other social media service provider(s), media houses,
radio and television broadcast stations, the Plaintiffs and other
Nigerians who are Twitter users, pending the hearing and
determination of this suit.”

The ruling followed the suit filed against the government by
Socio-Economic Rights and Accountability Project (SERAP) and 176
concerned Nigerians arguing that “the unlawful suspension of
Twitter in Nigeria, criminalization of Nigerians and other people
using Twitter have escalated repression of human rights and
unlawfully restricted the rights of Nigerians and other people to
freedom of expression, access to information, and media freedom in
the country.”

The court gave the order after hearing arguments from Solicitor
to SERAP, Femi Falana SAN, and lawyer to the government Maimuna
Shiru.

The court said: “The court has listened very well to the
objection by Nigeria. The court has this to say. Any interference
with Twitter is viewed as inference with human rights, and that
will violate human rights. Therefore, this court has jurisdiction
to hear the case. The court also hereby orders that the application
be heard expeditiously. The Nigerian government must take immediate
steps to implement the order.”

This development was disclosed today by SERAP deputy director
Kolawole Oluwadare.

Reacting to the ruling, Femi Falana, SAN said: “The intervention
of the ECOWAS Court is a timely relief for millions of Nigerians
using Twitter who have been threatened with prosecution under the
provision of the Penal Code relating to sedition.”

“Contrary to the assurance credited to the Attorney General of
the Federation and Minister of Justice Mr Abubakar Malami, SAN that
violators of the Twitter would not be prosecuted, the Federal
Government filed processes in the ECOWAS Court threatening to
prosecute Nigerians using Twitter for violating the suspension
under the provisions of the Penal Code relating to sedition.”

“It is extremely embarrassing that the Federal Government could
threaten to jail Nigerians for sedition, which was annulled by the
Court of Appeal in 1983, in the case of Arthur Nwankwo vs The
State.”

The suit and the ruling followed the suspension of Twitter by
the Minister of Information and Culture, Lai Mohammed after the
social media giant was banned in the country for deleting President
Muhammadu Buhari’s tweet. The National Broadcasting Commission
(NBC) also ordered TV and radio stations to “suspend the patronage
of Twitter immediately”, and told them to delete ‘unpatriotic’
Twitter.

The substantive suit has been adjourned to 6th July 2021 for
hearing of the substantive suit.

It would be recalled that SERAP and the concerned Nigerians had
in the suit No ECW/CCJ/APP/23/21 sought “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.”

The suit, read in part “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 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.”