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Twitter: SERAP Sues FG Over Directive to Broadcasters

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By Adedapo Adesanya

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court in Abuja to stop the federal government and the Minister of Information and Culture, Mr Lai Mohammed, from using unlawful directive to prevent television and radio stations in the country from using their Twitter.

The National Broadcasting Corporation (NBC) had directed broadcast platforms to delete their Twitter accounts after the operations of the micro-blogging website were suspended for deleting a tweet of President Muhammadu Buhari.

In the suit filed by SERAP, it said the directive to broadcasters was as a pretext to harass, intimidate, suspend or impose criminal punishment on journalists and broadcast stations simply for using social media platforms.

In the suit number FHC/ABJ/CS/496/2021 filed last Friday, SERAP is seeking: “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed and any other persons from censoring, regulating, licensing and controlling the social media operations and contents by broadcast stations, and activities of social media service providers in Nigeria.”

SERAP also wants “an order setting aside the directive by NBC and Mr Lai Muhammed asking broadcast stations to stop using Twitter, as it is unconstitutional, unlawful, inconsistent and incompatible with the Nigerian Constitution of 1999 [as amended], and the country’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”

SERAP is arguing that “The government of President Buhari, the NBC and Mr Lai Muhammed have consistently made policies and given directives to crack down on media freedom, and the rights of Nigerians to freedom of expression and access to information, and to impose crippling fines and other sanctions on broadcast stations without any legal basis whatsoever.”

According to SERAP, “The court has an important role to play in the protection and preservation of the rule of law to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”

SERAP is also arguing that “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

According to SERAP: “By using the National Broadcasting Act and the Nigeria Broadcasting Code to stop broadcast stations from using Twitter without recourse to the court, the NBC and Mr Lai Muhammed have contravened the right to access to justice and fair hearing guaranteed under sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999, and articles 1 and 7 of the African Charter on Human and Peoples’ Rights.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi, and Opeyemi Owolabi, read in part: “The directive by the NBC and Mr Lai Muhammed to broadcasters to delete their Twitter accounts is unlawful, as it amounts to a fundamental breach of the principle of legality, the rights to freedom of expression, access to information, and media freedom, and incompatible with the country’s international human rights obligations.

“SERAP and concerned Nigerians are entitled to the rights to freedom of expression, access to information, and media freedom subject only to lawful restrictions. SERAP and concerned Nigerians frequently rely on the Twitter handles of many broadcast stations as sources of information for our activities in the promotion of transparency and accountability in the country.

“Nigeria is a state party to the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which impose legal obligations on the government of President Buhari to ensure that the rights of Nigerians to freedom of expression, access to information and media freedom are respected, promoted, protected, fulfilled, and not unlawfully restricted.

“The NBC and Mr Lai Muhammed have not shown any law breached by journalists, broadcast stations and media houses in Nigeria, and the government of President Buhari cannot use any disagreement with Twitter as a ploy to violate Nigerians’ rights and undermine their individual businesses and professional duties.

“The drafters of the Nigerian Constitution well knew the danger inherent in special executive and legislative acts which take away the life, liberty, or property of particular named persons. They intended to safeguard the people of this country from punishment without trial by duly constituted courts. These principles are so fundamental and must be respected.

“The directive to broadcast stations 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.

“The Twitter accounts by broadcast stations and media houses are their own properties acquired upon privity of terms and conditions formulated by the Twitter Inc. and accepted by the stations and media houses.”

SERAP is also asking the Federal High Court for the following reliefs:

1. A declaration that the directive by NBC and Mr Lai Muhammed to broadcast stations in Nigeria to deactivate their Twitter handles and desist from using Twitter as a source of information gathering is unlawful, and amounts to a breach of the principles of legality and no punishment without law, and violation of the rights to freedom of expression, access to information, and media freedom guaranteed under sections 39 and 22 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights.

2. A declaration that the acts of the NBC and Mr Lai Muhammed in relying on the National Broadcasting Act and the Nigeria Broadcasting Code to unilaterally direct broadcast stations to delete their Twitter handles and desist from using Twitter without recourse to the court amount to an infringement on sections 6[1] & [6][b], 36 and 44[1] of the Nigerian Constitution of 1999 [as amended], Articles 1 and 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights.

3. A declaration that the provision of section 2[1][r] of the National Broadcasting Act and sections 5.6.3, 5.11.3 of the Nigeria Broadcasting Code being inconsistent and incompatible with sections 36[1], 39, and 22 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights are null and void to the extent of their inconsistency and incompatibility.

4. A declaration that NBC and Mr Lai Muhammed lack the power and authority to unlawfully impose penalties such as fines and other sanctions on any journalists and broadcast stations for using Twitter, and refusing/failing to deactivate their Twitter handles.

No date has been fixed for the hearing of the suit.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Customs, NMDPRA Strengthen Interagency Efforts Against Fuel Diversion

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By Adedapo Adesanya

The Nigeria Customs Service (NCS) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) are strengthening their collaboration to combat the diversion of petroleum products intended for domestic use and to safeguard Nigeria’s energy security.

This renewed partnership was highlighted during a meeting between Comptroller General of Customs, Mr Adewale Adeniyi and the NMDPRA Executive Director of Distribution Systems, Storage and Retailing Infrastructure, Mr Ogbugo Ukoha, at Customs House, Maitama, Abuja.

During the engagement, Mr Adeniyi reaffirmed the service’s commitment to strengthening inter-agency cooperation, particularly in safeguarding Nigeria’s domestic energy security and ensuring that petroleum products meant for local consumption are not diverted to neighbouring countries.

He noted that collaboration between both agencies had already produced measurable results, especially through Operation Whirlwind, which he described as a model for intelligence sharing, joint enforcement and coordinated field operations.

He said the Nigeria Customs Service remains fully aligned with ongoing reforms in the petroleum regulatory space and will continue to provide technical input, operational feedback and border management expertise to support the implementation of new guidelines being developed by the NMDPRA.

He commended the Authority for its efforts to harmonise legacy processes with the Petroleum Industry Act, stressing that clear and efficient export point procedures are essential as Nigeria moves from being a net importer to an emerging exporter of petroleum products.

“We welcome every initiative that strengthens energy security and ensures that the gains made in reducing cross border diversion are not reversed. Our shared responsibility is to protect national interest, support legitimate trade and maintain a transparent system that stakeholders can rely on. We will continue to work closely with sister agencies to achieve these outcomes,” he stated.

In his remarks, the Executive Director, Mr Ukoha, said the NMDPRA enjoys a longstanding and productive working relationship with the Nigeria Customs Service, noting that Operation Whirlwind remained the high point of that collaboration.

He explained that both agencies deployed personnel, exchanged intelligence and jointly monitored petroleum products in border corridors, leading to a marked reduction in cross border diversion.

Ukoha said the purpose of the visit was to brief the CGC on newly developed guidelines for designating export points for petroleum products as Nigeria’s refining capacity expands.

He said the NMDPRA is engaging key institutions, including Customs, the Central Bank of Nigeria (CBN), the Federal Ministry of Industry, Trade and Investment, and the Nigerian Navy, to ensure the guidelines reflect operational realities before implementation.

The NMDPRA executive recalled several field operations and strategic engagements with the Customs leadership, including the joint launch of Operation Whirlwind in Yola, where both agencies reinforced their commitment to curbing diversion and securing the domestic supply chain.

He added that while enforcement had played a major role in reducing irregular movements of petroleum products, the removal of fuel subsidy had significantly reduced the economic incentive for cross border smuggling.

According to him, the authority will continue to work closely with the Customs Service to sustain progress and ensure that petroleum exports are properly regulated without exposing the country to energy security risks.

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Dangote Publishes Details of Farouk Ahmed’s Swiss School Fees for Kids

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By Adedapo Adesanya

The president of Dangote Group, Mr Aliko Dangote, has published details alleging extensive foreign education expenses made by the chief executive of the Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), Mr Farouk Ahmed, on four children in a new turn of event between the businessman and regulators.

Speaking on Sunday, the business mogul alleged that Mr Ahmed paid about $5 million for the secondary school education of his four children in Switzerland, and wondered how the government official could afford to pay such amount of money when there are several students in the home state of Mr Ahmed, Sokoto State. He threatened to published more details.

In the latest illustrated claims, Mr Dangote alleged that Mr Ahmed’s children attended secondary schools in Switzerland for about six years each. He listed the schools as Montreux School, Aiglon College, Institut Le Rosey and La Garenne International School. He named the children of Mr Ahmed as Faisal Farouk, Farouk Jr., Ashraf Farouk, and Farhana Farouk.

Mr Dangote alleged that the total cost of secondary education for the four children — covering tuition, upkeep, travel and related expenses exceeded $5 million.

He further claimed that an additional $2 million was spent on university education for the four children over a four-year period.

Specific figures were also cited for 2025, with Mr Dangote alleging that about $210,000 was spent on one child’s Master of Business Administration programme at Harvard University.

The breakdown reportedly includes $150,000 for tuition and $60,000 for accommodation, travel and other incidentals.

The claims have not been independently verified by Business Post at the time of filing this report but Mr Dangote revealed these details in an advertorial in most of the national newspaper on Tuesday.

Also, Mr Ahmed has yet to publicly respond to the allegations.

Mr Dangote earlier called on the authorities to institute a full scale investigation into the activities of the NMDPRA boss, with the outcome made public.

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Supreme Court Empowers Tinubu to Declare Emergency Rule, Suspend Elected Officials

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By Adedapo Adesanya

The Supreme Court has upheld the power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or degeneration into a state of chaos or anarchy.

In a split decision of six-to-one, the apex court held that the President, during a state of emergency, can suspend elected officials, but within a limited period.

In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.

Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.

The judgment was on the suit filed by Adamawa State and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.

On March 18, President Tinubu declared a state of emergency in Rivers State following a reported attack on crude oil pipelines; and in the same breath, suspended the sitting governor and his deputy, Mrs Ngozi Odu. He then put in place a sole administrator.

This was challenged at the apex court by some states.

Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.

In upholding the objections raised by the Attorney General of the Federation (AGF) and the National Assembly (the defendants), Justice Idris held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.

He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it.

However, Justice Obande Ogbuinya dissented and held that the case succeeded in part.

Among others, Justice Ogbuinya held that although the President could declare a state of emergency, he cannot use such powers as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.

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