DEVELOPING NEWS
The ECOWAS Court of Justice based in Abuja, Nigeria today ruled against the Nigeria government in the suit filed by the Registered Trustees of the Social-Economic Rights and Accountability Project (SERAP). The suit was in respect of the banning of Twitter, the global micro blogging app based in the United States of America.
In its ruling The Court ordered the government of the Federal Republic of Nigeria and its agents “to refrain from imposing sanction on any media house or harassing, intimidating, arresting and prosecuting the Applicants, concerned Nigerians for the use of twitter and other social media platforms,” pending the determination of the substantive suit.
The suit filed by SERAP, asked for among other things, a declaration that the act of suspending Twitter or any other social media and microblogging application without an order of a competent court of jurisdiction is unlawful, inconsistent and incompatible with the country’s human rights obligations.
It also asked for a declaration that the act of the government in mandating its agents to commence and continue to regulate the social media in the country amounts to restriction and censorship which constitutes a violation of Nigeria’s obligation under the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
HISTORICAL BACKGROUND
On the 5th of June 2021, the Nigerian government officially put an indefinite ban on Twitter, thereby restricting it from operating in Nigeria after the social media platform deleted tweets made by the Nigerian President Muhammadu Buhari warning the south eastern people of Nigeria, predominantly Igbo people, of a potential repeat of the 1967 Biafran Civil War due the ongoing insurgency in Southeastern Nigeria.
Following the ban, the Attorney General of the Federation, Abubakar Malami, SAN, ordered the arrest and prosecution of everyone cut still using twitter in Nigeria.
Following this Malami`s order, prominent lawyers in Nigeria took exceptions to this and criticized his “professional incompetence.” Notable pastors in Nigeria such as the General Overseers of Deeper Christian Life Ministry and The Redeem Christian Church of Nigeria (RCCG) to which the Nigerian Vice President belongs released Tweets subtly refusing to be bound by Malami`s order.
BASIC FACTS
- The Court held that it “recognizes that access to Twitter provides a platform for the exercise of freedom of expression and any interference with the access will be viewed as an interference with the right to freedom of expression.
- It also held that “By extension, such interference will amount to a violation of a fundamental human right which falls within the competence of this Court pursuant to Article 9 (4) of the Supplementary Protocol (A/SP.1/01/05) Amending Protocol (A/P1/7/91) relating to the Community Court of Justice,”.
- The application for interim measures was based on Article 79 of the Rules of Procedure of the Court.
- The Court however declined to order the Respondent and its agents to lift the suspension on the use of twitter pending the determination of the substantive suit.
- In delivering the ruling, the Court rejected the two grounds of the preliminary objection of the Federal Republic of Nigeria which were: that the subject matter of the suit was not for the enforcement of any human rights recognized by the Court and that the “Court lacks the jurisdiction to determine the criminalization of an act under Nigerian domestic laws.”
- SERAP was represented by Femi Falana, SAN while the Federal Republic of Nigeria was represented by Maimuna Shiru.
- Hearing in the suit was adjourned for 6th July 2021.
- On the panel for the suit are Honorable Justices Gberi-be Ouattara (presiding) and Januaria T. Silva Moreira COSTA
NOTABLE QUOTE
Federal government ban of Twitter and AG`s order to arrest and prosecute Twitter users in Nigeria is an interference which “By extension, …..will amount to a violation of a fundamental human right which falls within the competence of this Court pursuant…to…the Community Court of Justice,”
WHAT WE ARE WATCHING
We are watching to see the outcome of the newly inaugurated community by the federal government to discuss with Twitter. We are also watching the next hearing of the case on the 6th July 2021.
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In the days and weeks to come, we shall continue to monitor the situation and we will continue to update our readers with the latest developments. Please let us know what part of this news that is of interest to you. Let us know what you wish to know as things develop. Also, avail us with any information that is available to you that may help us better inform our readers.
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