9 groups, journalists sue FG at ECOWAS Court over Twitter ban
The NGO applicants in the suit are Media Rights Agenda, MRA,
Paradigm Initiative, PIN, Premium Times Centre for Investigative Journalism,
PTCIJ, the International Press Centre, IPC, and Tap Initiative for Citizens
Development, TICD, while the journalists are MrDavid Hundeyin, Mr Samuel
Ogundipe, Ms Blessing Oladunjoye, and Mr Nwakamri Apollo.
The suit, with number ECW/CCJ/APP/29/21 ECW/CCJ/APP/29/21,
in a 73-page documentation, filed on their behalf by Abuja-based human rights
and free expression lawyer, Mrs Mojirayo Nkanga, under the African Charter on
Human and Peoples’ Rights, ACHPR, the International Covenant on Civil and
Political Rights, ICCPR, the Revised ECOWAS Treaty, and the Nigerian
Constitution, among others.
They are claiming that Nigeria’s ongoing suspension of
Twitter, which came into effect on or around June 4, 2021, violated their right
to freedom of expression and interfered with the ability of the journalists to
do their work.
The NGOs and journalists are also alleging that the general
situation in Nigeria with respect to human rights, has created an environment
where freedom of expression is stifled, which has contributed to creating a
chilling effect on press and media freedom and which the ongoing suspension of
Twitter is a continuation of.
According to them, Nigeria has consented to be bound by the
obligation to respect and protect the right to freedom of expression under the
ICCPR and the ACHPR and therefore, any limitation imposed by the government on
the right to freedom of expression can only be justifiable where the
restriction is provided by law, serves a legitimate aim, and is necessary and
proportionate in a democratic society.
Contending that these three conditions must all be met
before any restriction on the right to freedom of expression can be considered
legitimate, they noted that the suspension of Twitter is not provided by law,
that there is no justification for it under Nigeria’s domestic laws, and that
it was done by the government in an arbitrary manner in circumstances where
there was no public or judicial oversight, transparency or accountability.
The NGOs and journalists are asking the Court to declare the
indefinite suspension of Twitter a continuous violation of their human rights
under international law, particularly the right to seek and receive information
as well as the right to express and disseminate opinions under Article 9(1) and
(2) of the African Charter; Article 19(2) of the ICCPR and the rights of
journalists under Article 66(2)(c) of the Revised ECOWAS Treaty.
They are also seeking a declaration that the Government’s
directive, through the National Broadcasting Commission (NBC), for the
deactivation of Twitter accounts in Nigeria violates their human rights under
international law and that the threat by the Attorney-General of the Federation
to criminally prosecute anybody found to be using Twitter in Nigeria following
the suspension of the platform also violates their human rights under
international law.
The NGOs and the journalists are therefore urging the court
to issue orders mandating the Government to immediately take all necessary
measures to rescind the suspension of Twitter in Nigeria; to take all necessary
measures to guarantee non-recurrence in order to prevent the same violation
occurring again in future; compelling the Government to issue adequate
reparations, including restitution, compensation and measures of satisfaction
to them to be specified and submitted to the court; as well as to issue an
order of injunction restraining the Government, its servants and agents from
imposing criminal sanctions on individuals, including the applicants, who use
Twitter or any other social media service provider.
No date has been fixed for the hearing of the suit.
The suit is being litigated with the support of media defence,
a London-based NGO, which provides legal assistance to journalists, citizen
journalists and independent media.
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