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Twitter: SERAP Sues FG Over Directive to Broadcasters

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national broadcasting commission NBC

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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ADC Lawmakers Oppose Tinubu’s $516m Loan Request for Highway

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badagry sokoto highway

By Adedapo Adesanya

The African Democratic Congress (ADC) Legislators’ Forum has condemned the latest move by President Bola Tinubu to secure Senate approval for an additional external loan of $516,333,070 for the Sokoto–Badagry Super Highway project.

Mr Tinubu requested Senate approval for a $516.3 million syndicated loan to finance key sections of the Sokoto–Badagry Superhighway, a major infrastructure project under his administration’s Renewed Hope Agenda from Deutsche Bank.

The request, contained in a letter read during plenary on Thursday by the Senate President, Mr Godswill Akpabio, seeks legislative authorisation in line with Sections 16 and 21 of the Debt Management Office (Establishment) Act, 2011.

However, the opposition lawmakers said it is not only alarming but becoming of the Tinubu administration to make borrowing its default economic policy, with little regard for sustainability, accountability, or the well-being of future generations.

The forum, in a statement jointly signed by its chairman, Mr Uko Ndukwe Nkole, as well as leaders from each geopolitical zone, noted that while no responsible opposition undermines the importance of infrastructure development, the cost and conditions of such projects must be queried.

According to the ADC lawmakers, Mr Tinubu’s government has failed to convincingly demonstrate that its endless appetite for loans is guided by a coherent, transparent and economically viable repayment strategy.

“Instead, Nigerians are witnessing a troubling pattern; one where debt accumulation is prioritised over prudent fiscal management, innovation, and domestic resource mobilisation.

“Nigeria is already weighed down by a crushing debt burden, with debt servicing swallowing a staggering proportion of national revenue. Yet, rather than confronting this reality with discipline and reform, the Tinubu administration continues to plunge the country deeper into what can only be described as a looming debt catastrophe.

“Each new loan tightens the noose around the nation’s economic sovereignty, leaving future generations to pay for today’s lack of foresight.

“Even more disturbing is the timing of this request. As the nation inches closer to a major general election cycle, Nigerians are right to question the motives behind this borrowing spree.

“Is this truly about development, or is it another attempt to create avenues for political patronage and electoral advantage? History has taught us to be wary of last-minute, large-scale financial commitments made under the guise of national interest,” the statement read in part.

The ADC Legislators’ Forum insisted that the National Assembly must not act as a rubber stamp or a pro-group of President Tinubu in this matter.

It said the Senate, in particular, must rise to its constitutional responsibility by demanding full disclosure of the project’s financial details, procurement processes, cost-benefit analysis, and a credible repayment plan, as anything short of this would amount to a betrayal of public trust.

The lawmakers called on the administration to redirect its focus toward policies that can genuinely strengthen Nigeria’s economy; policies that promote productivity, industrial growth, job creation, and the plugging of revenue leakages.

“We must clearly state that governance is not a free ride without consequences. Those who make decisions today that endanger the economic future of millions of Nigerians must understand that a day of reckoning will inevitably come.

“The Nigerian people will demand answers, accountability, and justice for policies that have deepened hardship and mortgaged the nation’s destiny. Nigeria stands at a critical crossroads.

“We can either choose the path of responsibility, discipline, and sustainable growth, or continue down this perilous road of debt dependency and economic vulnerability,” the statement added.

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RMAFC Kicks Off Data Verification for Revenue Allocation Framework

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By Modupe Gbadeyanka

A nationwide data verification exercise to review the factors and proxies used in the sharing of revenue among states and local governments has commenced.

The revenue allocation framework initiative is being conducted by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

The goal is to ensure that the distribution of national resources accurately reflects the current socio-economic realities across the federation, a statement signed by the organisation’s Head of Information and Public Relations Unit, Ms Maryam Umar Yusuf, stated.

In the statement issued on Thursday, the chairman of the commission, Mr Mohammed Bello Shehu, was said to have posited that the exercise would strengthen fiscal federalism and enhance national development planning across the country.

According to him, credible and verified data remains the foundation of a fair and sustainable revenue allocation system.

“The commission is committed to ensuring that Nigeria’s revenue allocation framework reflects the realities on the ground. Accurate data is the backbone of fairness, equity, and national cohesion.

“This nationwide exercise represents our determination to build a more transparent and responsive revenue distribution system that serves the interests of all Nigerians,” he noted.

Mr Shehu urged the state governments, local authorities, traditional institutions, civil society organisations, and community leaders to provide full cooperation to the agency’s verification teams, emphasising that the outcomes of the programme will have far-reaching implications for national planning, fiscal management, and balanced regional development across the federation.

As part of its nationwide rollout strategy, it has scheduled region-by-region data verification exercises across all states of the federation and the Federal Capital Territory (FCT), Abuja.

The exercise will involve systematic collection, validation, and reconciliation of critical socio-economic and infrastructural data used in determining revenue allocation indices for horizontal revenue sharing.

It was disclosed that the focus would be on key indicators like education and health provision, internal revenue generation capacity, and infrastructure development across the states and local government areas.

Stakeholder engagement sessions will also be conducted in each state to ensure transparency, build trust, and promote collaborative participation among government agencies and local communities.

Nigeria’s revenue allocation framework relies on specific indices, including those of population, landmass, infrastructure, and socio-economic development indicators, all of which must be periodically reviewed to reflect changing realities.

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President Tinubu Greets Senator Kalu at 65

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Orji Uzor Kalu Tinubu 65th birthday

By Aduragbemi Omiyale

The Senator representing Abia North Senatorial District in the National Assembly, Mr Orji Uzor Kalu, has been congratulated by President Bola Tinubu on his 65th birthday.

In a statement released by the State House, the former Governor of Abia State was praised for his multifaceted roles and his service to the nation.

Mr Tinubu said his longtime friend and political ally has worked for the growth of Nigeria, having served as the Senate Chief Whip and currently the Chairman of the Senate Committee on the South East Development Commission (SEDC).

The SEDC is one of the regional development commissions established by the administration of President Tinubu to accelerate infrastructure, economic growth, and overall development across the South East geopolitical zone.

The President highlighted the lawmaker’s significant contributions during his tenure as Governor of Abia State from 1999 to 2007, as well as his continued dedication to the progress of the state and the nation at large.

He also acknowledged Mr Kalu’s accomplishments in the private sector, describing him as a media mogul and Chairman of SLOK Holding, who continues to play a vital role in Nigeria’s economic development.

“Senator Orji Uzor Kalu’s vision, resilience, industry and service to the nation and commitment to the progress of Abia are noteworthy,” President Tinubu remarked.

“I wish him long life, greater strength and increased wisdom as he continues his service to the nation,” the President concluded.

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