After a lawsuit from Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians, the ECOWAS Court has “declared the suspension of Twitter by the government of President Muhammadu Buhari illegal and ordered the administration never to do it again”.
This development was disclosed today by the Deputy Director of SERAP, Kolawole Oluwadare.
We recall that after the deletion of the post of President Muhammadu Buhari, the Minister of Information and Culture, Lai Mohammed, announced the suspension of Twitter in Nigeria. The government also threatened to arrest and prosecute anyone using Twitter in the country, while the National Broadcasting Commission (NBC) asked all broadcasting stations to suspend Twitter patronage.
But in today’s ruling, the ECOWAS court stated that it has jurisdiction to hear the case, and that the case was admissible.
The court also held that the act of suspending the operation of Twitter is illegal and contrary to the provisions of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria they are both. a state party.
According to the Court, “The Buhari administration in suspending Twitter’s operations violates the rights of SERAP and 176 Nigerians concerned to enjoy freedom of expression, access to information and media, and the right to a fair hearing.”
The court also ordered the Buhari administration to take the necessary steps to harmonize its policies and other measures to give effect to rights and freedoms and to ensure a non-repetition of the illegal Twitter ban.
The court also ordered the Buhari administration to bear the costs of the proceedings and directed the Deputy Registrar General to assess costs accordingly.
Reacting to the ruling, Femi Falana, SERAP’s lawyer in the suit, said: “We commend the ECOWAS Court for the landmark decision in the case of SERAP v. Federal Republic of Nigeria, in which the judges unanimously upheld the human rights of community citizens to freedom of expression. expression and access to information. Although the Court had granted a temporary injunction order last year, which stopped the Attorney General of the Federation and the Minister of Justice, Mr. Abubakar Malami SAN from prosecuting Nigerians who challenged the ban on Twitter, SERAP deserves special credit for prosecuting the case. a logical conclusion.”
“Freedom of expression is a basic human right and the full enjoyment of this right is essential for the achievement of individual freedom and for the development of democracy. It is not only a cornerstone of democracy, but indispensable to a thriving civil society.”
“With the Court’s recent decision to declare the suspension of Twitter in Nigeria illegal, it is hoped that heads of state and government of member states of the Economic Community of West African States will henceforth respect and uphold human rights of the community for freedom of expression guaranteed by Article 9 of the African Charter on Human and People’s Rights.”
It would be recalled that SERAP and 176 Nigerians concerned had suit No ECW/CCJ/APP/23/21 filed before the ECOWAS Community Court of Justice in Abuja seeking: “An order of interim injunction restraining the Federal Government from implementing the her suspension of Twitter in Nigeria, and subjecting anyone, including media houses, broadcasting stations using Twitter in Nigeria, to harassment, intimidation, arrest and prosecution, pending the hearing and determination of the substantive suit.
The suit, read in part: “If this application is not urgently approved, the federal government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunications companies, media houses, broadcasting stations and people others who use Twitter in Nigeria, the permanent injunction sought in this lawsuit may be held void.”
“The suspension of Twitter is intended to intimidate and stop Nigerians from using Twitter and other social media platforms to criticize government policies, expose corruption and criticize acts of official impunity by agents of the Federal Government.”
“The free communication of information and ideas on public and political issues between citizens and elected representatives is essential. This means a free press and other media able to comment on public affairs without censorship or restrictions and to inform public opinion. The public also has a corresponding right to receive media results.”
“The arbitrary actions of the Federal Government and its agents have adversely affected millions of Nigerians who conduct their daily businesses and operational activities on Twitter. The suspension has also hampered the freedom of expression of millions of Nigerians who criticize and influence government policies through the microblogging application.
“The suspension of Twitter is arbitrary and there is no law in Nigeria today that allows people to be prosecuted simply for the peaceful exercise of their human rights through Twitter and other social media platforms.”
“The suspension and threat of prosecution by the Federal Government constitutes a fundamental violation of the country’s international human rights obligations, including Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil Rights and Political to which Nigeria is a state party”.
“The suspension has seriously undermined the ability of Nigerians and other people in the country to express themselves freely in a democracy, and has harmed the ability of journalists, media houses, broadcasting stations and others to freely carry out their professional duties .”
“Many Nigerians at home and abroad rely on Twitter’s coverage of current affairs of public interest to access unbiased, objective and critical information about ideas and views on how the Nigerian government is fulfilling its constitutional and international human rights obligations. man.”
“The implication of the decline of freedom of expression in Nigeria is that the country today ranks alongside countries hostile to human rights and media freedom such as Afghanistan, Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia.
Kolawole Oluwadare
Deputy Director of SERAP
Support PREMIUM TIMES’ journalism of integrity and credibility
Good journalism costs a lot of money. However, only good journalism can ensure the possibility of a good society, a responsible democracy and a transparent government.
To continue free access to the best investigative journalism in the country, we ask that you consider making a modest contribution to this noble effort.
By contributing to PREMIUM TIMES, you are helping to keep journalism important and ensuring it remains free and available to everyone.
Treat
AD TEXT: Call Willie – +2348098788999
