SERAP takes Buhari govt to ECOWAS court over unlawful suspension of Twitter
(Nigeria) 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 Tuesday 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.
And such further orders the 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.
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