General
#TwitterBan: SERAP Drags Buhari to ECOWAS Court
By Adedapo Adesanya
The Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians have filed a lawsuit against the federal government led by 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, Mr 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 on 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, Mr 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 a 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 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.
Such further orders the Honorable 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.
By Adedapo Adesanya
The Department of State Services (DSS) has arraigned the former Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, and his son, Mr Abudlazizz Malami, on a five-count charge of abetting terrorism financing and illegal possession of firearms.
They were arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja, where they pleaded not guilty to the charges.
In the charge, the former AGF was accused of knowingly abetting terrorism financing by refusing to prosecute terrorism financiers whose case files were brought to his office as the AGF in the last administration for prosecution.
Recall that the secret police had arrested Mr Malami, shortly after his release from Kuje prison in Abuja more than two weeks ago after Justice Emeka Nwite of the Federal High Court in Abuja granted him and two others bail in the sum of N500 million in another case involving the Economic and Financial Crimes Commission (EFCC).
Mr Malami and his son are also accused by the DSS of engaging in conduct in preparation to commit act of terrorism by having in their possession and without licence, a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of Cartridges and 27 expended Redstar AAA 5’20 Cartridges.
His arrest in January followed weeks of reports of surveillance by the secret police in front of the prison facility since the time Mr Malami, his wife and son were remanded there over the money laundering charges.
As per reports, Mr Malami had gathered that he would be picked up upon regaining his temporary freedom and so decided to wait out the DSS. However, after his eventual emergence, the operatives took the ex-AGF into detention again.
By Adedapo Adesanya
The Lagos State Waterways Authority (LASWA) has initiated an inter-agency partnership with the Centre for Rural Development (CERUD) to establish the Coastal Community First Responder Programme (CCFRP).
The first responder programme is aimed at promoting safe and secure transportation across Lagos waterways.
The initiative was unveiled during a meeting between a LASWA delegation and officials of the Ministry of Local Government, Chieftaincy Affairs and Rural Development at the secretariat in Alausa.
Leading the LASWA team, Mr Olademeji Shittu said the programme is designed to reduce fatalities and material losses on Lagos waterways, particularly in hard-to-reach coastal communities.
According to Mr Shittu, the CCFRP will focus on empowering community volunteers through targeted capacity building for sustainable rural development, while also equipping them with relevant skills that can enhance employability within the maritime sector.
He noted that trained volunteers will serve as community-based first responders, working in close collaboration with LASWA to strengthen search and rescue operations.
Providing the rationale for the programme, Mr Shittu highlighted the recurring cases of marine incidents and fatalities on Lagos waterways, often worsened by delayed emergency response in remote coastal areas.
He explained that residents of these communities are usually the first on the scene during accidents, making it necessary to formalise their role through structured training and partnerships.
He added that the collaboration with CERUD will help create a sustainable framework that aligns community development with safety and emergency response, while fostering a sense of ownership and responsibility among coastal residents.
According to a statement, the Coastal Community First Responder Programme is expected to enhance emergency preparedness on Lagos waterways, improve response times during marine incidents, and contribute to safer water transportation across the state.
By Adedapo Adesanya
The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have suspended their planned protest in the Federal Capital Territory and instructed workers under the Federal Capital Territory Administration (FCTA) to return to their duties with immediate effect.
The directive followed an overnight engagement involving labour leaders, the Minister of the FCT, Mr Nyesom Wike, and members of the Senate Committee on the FCT.
The meeting, which began late on Monday, stretched into the early hours of Tuesday, culminating in an agreement that led to the unions’ decision to halt the protest action and restore normal activities across FCTA offices.
This comes after Justice Emmanuel Subilim of the National Industrial Court issued an interim order restraining the NLC, TUC, and three others from embarking on any form of industrial action or protest.
Ruling on an ex-parte application filed by the Minister of the FCT and the FCT Administration, Justice Subilim granted an interim order restraining the 1st to 5th respondents and their privies or agents from embarking on strike pending the hearing of the motion on notice, also ordering the 5th-9th defendants who are security agencies to ensure no break down of law and order.
The ex-parte motion, which was filed by the counsel to Mr Wike and the FCTA, Ogwu Onoja, submitted that the Chairman of the FCT council had sent a message of mobilization to members and affiliated unions for a mass protest scheduled for February 3.
This move, he noted, was in violation of the orders of court, adding that after the ruling of the court on January 27, the order of the court was served on the defendants, same day the NLC and TUC issued a statement to all affiliated unions to intensify and sustain the strike.
The statement jointly signed by both unions directed that the striking workers should resume the strike as the unions’ counsel, Mr Femi Falana, has filed an appeal against the interlocutory ruling.
He further pointed out that With the statement, JUAC issued a circular directing all employees to continue the strike.
This position they say is aimed at causing break down of law and order in the Nations capital.
The court subsequently adjourned the case until February 10 for hearing.
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