ECOWAS Court declares Twitter ban unlawful, orders Buhari govt not to repeat it
Following a suit by Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians, the ECOWAS Court has “declared unlawful the suspension of Twitter by the government of President Muhammadu Buhari, and ordered the administration never to repeat it again.”
This development was disclosed today by SERAP deputy director Kolawole Oluwadare.
It would be recalled that following the deletion of President Muhammadu Buhari’s tweet, 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 broadcast stations to suspend the patronage of Twitter.
But in the judgment delivered today, the ECOWAS court declared that it has the jurisdiction to hear the case, and that the case was therefore admissible.
The Court also held that the act of suspending the operation of Twitter is unlawful and inconsistent with 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 both of which Nigeria is a state party.
According to the Court, “The Buhari administration in suspending the operations of Twitter violates the rights of SERAP and 176 concerned Nigerians to the enjoyment of freedom of expression, access to information and the media, as well as the right to fair hearing.”
The Court also ordered the Buhari administration to take necessary steps to align its policies and other measures to give effect to the rights and freedoms, and to guarantee a non-repetition of the unlawful ban of Twitter.
The Court also ordered the Buhari administration to bear the costs of the proceedings and directed the Deputy Chief Registrar to assess the costs accordingly.
Reacting to the judgment, Femi Falana, SAN SERAP lawyer in the suit said, “We commend the ECOWAS Court for the landmark judgment 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, and access to information. Even though the Court had granted an interim order of injunction last year which restrained the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN from prosecuting Nigerians who defied the Twitter ban, SERAP deserves special commendation for pursuing the matter to a logical conclusion.”
“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.”
“With the latest decision of the Court to declare the suspension of Twitter in Nigeria illegal it is hoped that the Heads of State and Governments of the member states of the Economic Community of West African States will henceforth respect and uphold the human right of community to freedom of expression guaranteed by Article 9 of the African Charter on Human and Peoples Rights.”
It would be recalled that SERAP 176 concerned Nigerians had in suit No ECW/CCJ/APP/23/21 filed before the ECOWAS Community Court of Justice in Abuja, 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.”
“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.”
Kolawole Oluwadare
SERAP Deputy Director
14/7/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
2023: Oborevwori remains our guber candidate – Delta Mandate Group
The Delta Mandate Group has reacted to the Abuja Federal High Court ruling allegedly disqualifying Rt. Hon Sheriff Oborevwori as governorship candidate of the Peoples Democratic Party (PDP) in Delta State.
In a communique from its meeting on Wednesday in Asaba signed by its National President, Hon. Chief Isaac Anwuzia, the group said no matter the set back occasioned by the ruling, the group like other members of the party in the state remained resolute and ever-committed to the candidacy of Oborevwori pending the determination of the suit before the Appellate Court.
“We have been inundated with the Abuja Federal High Court ruling on our party candidate, Rt. Hon Sheriff Oborevwori and we received the news with mixed feelings.
“Although our candidate has filed for appeal and a stay of execution, we will continue to stand with him until he crosses all legal hurdles before him.
“As true party leaders across the state, we are convinced that Oborevwori is a true party man who was unanimously elected as governorship candidate of the party.”
The group said they remained committed to following the direction given by Governor Okowa on the politics of the state.
“We congratulate Governor Ifeanyi Okowa of Delta and Vice-Presidential candidate of the Peoples Democratic Party PDP for his exemplary leadership in the state and we pledge our unalloyed commitment to Atiku-Okowa’ rescue ticket for our country.” The group stated.
Osun guber critical to PDP – Okowa
Delta Governor and Vice-Presidential Candidate of the Peoples Democratic Party (PDP), Sen. (Dr) Ifeanyi Okowa, said Saturday’s Osun governorship election was critical to the party and Nigerians because it would signpost the beginning of the ‘Rescue Nigeria’ mission.
Okowa stated this while addressing party faithful at Osogbo on Wednesday ahead of the polls.
Accompanied by Chairman, PDP Governors Forum, Alhaji Aminu Tambuwal of Sokoto State, Bayelsa Governor, Senator Douye Diri and Edo Governor, Mr Godwin Obaseki, Okowa appealed to the party leaders to sheath their swords and support the party’s candidate for the Saturday governorship election, Senator Ademola Adeleke.
He stressed that the Osun election was important to the party as it would give hope to Nigerians that positive change was in the offing.
“I want to thank our leaders who have spoken to us. I want to also thank all our followers for showing that they are truly good followers.
“Osun election is very critical and important to the PDP. This election is very important to us because if we win in Osun, it will send a strong signal that we are ready to rescue the nation.
“The foundation of what is to come is that we have to deliver Osun state to be able to inspire hope and change the narrative in the country for positive development.
“So, we are pleading with you generally to look beyond your differences and look at what the PDP stands for by working together for the victory of the party in Saturday’d governorship election in the state.
“We cannot allow this nation to continue to suffer, we cannot allow a situation where our children will continue to be at home instead of being in school.
“People are pained because of insecurity, devaluation of the naira and other challenges but if we are to turn around this nation for good, we must work together to form the government at the national level.
“With PDP, there is great hope for the future. It is for us to collectively work together for the success of the party starting with the Osun election,” Okowa stated.
Also speaking, Chairman, Osun State PDP Governorship Campaign Council, Senator Douye Diri, said “as a miracle governor we have come here to rub it off on Osun people.
“By God’s grace, we will break the ice because we have had very fruitful meetings with our leaders and all that we have agreed we will implement them.
“Let me assure you that with the matured, competent and capable leaders we have here, I foresee success for our party in the Osun Governorship election
“Osun state election is not just for Osun people, it is a test case for the 2023 general elections and I am sure that our party will not be disappointed,” he said.
Diri lampooned the All Progressives Congress (APC) for its choice of Muslim-Muslim ticket, and told the people that APC had taken the country backward by over 100 years.
“Today our currency is the worst in Africa and the world. So, let us come together to defeat them and that starts with our victory on Saturday,” he said.
Earlier in his remarks, former Governor of the state, Chief Olagunsoye Oyinlola, while welcoming the party leaders said “today marks another positive turning point in the history of PDP.
“The in-coming Vice President of our country wouldn’t have found time to be here if not that they are deeply interested in the unity and success of our party in Osun State.
“We have listened to them and they have promised immediate action and we are satisfied with their discussions with us and as leaders, we will not disappoint your expectations.
“PDP is the party that the entire people of Osun State want to lead them and we are hopeful of victory on Saturday,” he stated.
