By Jeph Ajobaju, Chief Copy Editor
After the ECOWAS Court ruled on Tuesday that Abuja should not prosecute Nigerian Twitter users while the substantive lawsuit is pending, the government filed a preliminary objection which was dismissed by the court.
Yet Information Minister Lai Mohammed went ahead and insisted on the ban when he appeared before the House of Representatives and threatened that the government would suspend other social media platforms that pose risk to national unity.
Both the Senate and the House object to the Twitter ban President Muhammadu Buhari imposed on June 4, which costs Nigerians trading on the platform N2.5 billion per day amid 33.3 per cent unemployment rate.
The court issued the order restraining the government and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass, intimidate, arrest or prosecute Twitter and/or any other social media service provider(s), media houses, radio and television broadcast stations, the plaintiffs and other Nigerians who are Twitter users, pending the hearing and determination of the suit.
Socio-Economic Rights and Accountability Project (SERAP) and 176 individuals had filed the lawsuit.
They claimed that the “unlawful suspension of Twitter in Nigeria, criminalisation of Nigerians and other people using Twitter have escalated repression of human rights and unlawfully restricted the rights of Nigerians and other people to freedom of expression, access to information, and media freedom in the country.”
The court ruled that “any interference with Twitter is viewed as inference with human rights, and that will violate human rights. Therefore, this court has jurisdiction to hear the case.
“The court also hereby orders that the application be heard expeditiously. The Nigerian government must take immediate steps to implement the order.”
Mohammed’s double speak
Mohammed, at his appearance before the House Information, Justice, and Communication Joint Committee on Tuesday, accused Twitter of acting as a platform for the destabilisation of Nigeria.
Earlier in the day, he had announced in a statement that Twitter has reached out to Abuja for talks.
The statement said: “President Muhammadu Buhari has approved the composition of the Federal Government’s team to engage with Twitter over the recent suspension of the operations of the microblogging and social networking service in Nigeria.
“The Federal Government’s team also comprises the Attorney General of the Federation and … Minister of Justice, … Minister of Communications and Digital Economy, … Minister of Foreign Affairs, … Minister of Works and Housing, … Minister of State for Labour and Employment as well as other relevant government agencies.
“Following the indefinite suspension of its operations in Nigeria, for activities that are capable of undermining Nigeria’s corporate existence, Twitter wrote to … Buhari seeking to engage with the Federal Government over the suspension, with a view to charting a path forward.”
But hours later, Mohammed changed the story when lawmakers asked if any channel of dialogue had been opened with Twitter.
“We want Twitter to be registered first in the country before they can operate,” he said.
“We tried to but they rebuffed us. They are not known to us. They are not registered, but we hope we will be able to engage them,” he answered.
The committee members disagreed with the Twitter ban, expressing concern that Nigeria is descending into totalitarianism.
Details of Abuja’s objection to court ruling
Abuja’s objection, which the court dismissed, read in part:
“Particulars: The subject matter of the SERAP suit relates to the indefinite suspension of Twitter in Nigeria. This is not in any way connected to any Nigerian or SERAP. Individual user’s Twitter accounts are not suspended.
“The right to freedom of expression is completely different from freedom of reach. The suspension of Twitter does not fall under the provisions of [Article] 8 and the African Charter on Human and Peoples’ Rights.
“Twitter as an entity is not an organisation of any member state as it is an American microblogging networking service. The suspension of Twitter in Nigeria is not a right recognised under any treaty enforceable by this Court.”
“In the unlikely event that this … Court agrees with SERAP that the suspension of Twitter is a fundamental right, the dissolution or liquidation of Twitter as a profit-making entity may as well open a floodgate and vest the users the rights of a non-existent right.”
“Twitter is a profit-making entity which can be proscribed/dissolved in compliance with any national laws. The compulsory shut down of an entity cannot be termed the breach of any fundamental rights by this … Court.”
“The suspension of Twitter in Nigeria is in compliance with … Sections 420, 419 of the Penal Code [Northern Nigeria]; Federal Provisions Act, and Section 58 of the Criminal Code Act.
“The operation of Twitter is in violation of Nigerian domestic legislation.”
“Ground Two: This Court lacks the jurisdiction to determine the criminalisation of an act under Nigerian laws. The subject matter of the SERAP suit borders on the criminalisation of Twitter operation in Nigeria pursuant to the Penal Code and the Criminal Code.
“The use and operation of Twitter in Nigeria constitutes the offences of Importation of Prohibited publication under Sections 420 and 421 or the offence of possession of seditious articles under Section 419 of the Penal Code Federal Provisions Act.
“In any event there is a right of action vested in the suspension of Twitter in Nigeria, the said right vests directly on Twitter and not individual users of Twitter. This is more so that individual user’s Twitter accounts were not tempered but only the operation of Twitter.”
“Nigerians and SERAP have no cause of action. The suspension of Twitter in Nigeria is in compliance with … Sections 420, 419 of the Penal Code and Section 58 of the Criminal Code and Sections 78 and 79 of CAMA 2020.”
