Twitter ban: ECOWAS court hears SERAP, others case June 22
The plaintiffs are the Registered Trustees of the
Socio-Economic Rights and Accountability Project, SERAP and 420 Nigerians,
including former Minister of Education, Oby Ezekwesili and the co-founder of
the #BringBackOurGirls movement, Aisha Yesufu.
The court, in a notice to the plaintiffs' lawyer, Femi
Falana, SAN, and respondent’s counsel, Mrs Maimuna Shiru, stated that the
hearing would be virtual.
“Notice is hereby given that this application has been fixed
for hearing of the Application for Interim Measure on June 22, 2021, at 10am in
the forenoon and will be heard on that day if the business of the Court permits
or otherwise on some adjourned day of which you may not receive further
notice," the court stated.
SERAP and the 420 Concerned Nigerians are suing over “the
unlawful suspension of Twitter in Nigeria, criminalisation 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”.
In the suit numbered ECW/CCJ/APP/23/21, they 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.”
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, and the perpetual order sought in this suit might be
rendered nugatory.”
The plaintiffs stated: “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 criticise
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 has 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.”
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