By Onyewuchi Ojinnaka
Criticisms continue to come the way of the Federal Government over its ban on twitter and directives to media barring them from using the microblog. Some Nigerians not in agreement with the measures are also resorting to legal actions against the government.
Recall that former second vice-president of Nigeria Bar Association and current Chairman of Nigerian Bar Association Section on Public Interest and Development Law, NBA/SPIDEL, Monday Onyekachi Ubani had sued the Federal Government over the ban.
In the suit filed before the Federal High Court, Lagos, Ubani is seeking amongst other things, a declaration that the ban on Twitter is unlawful and violates the fundamental right of freedom of expression, freedom to hold opinions, receive and impact ideas and information without interference as guaranteed by the 1999 constitution.
Also, a human rights and advocacy organisation, the Socio-Economic Rights and Accountability Project (SERAP) had sued the Federal Government before the ECOWAS Court on the issue. Already the Court has given the Federal Government of Nigeria 30 days to respond to the suit.
In similar development, a civil society organisation, Socio-Economic Rights and Accountability Project (SERAP) on Friday filed another suit before a Federal High Court sitting in Abuja, “seeking to stop the Federal Government and the Minister of Information and Culture, Lai Mohammed from using their patently unlawful directive to all TV and radio stations not to use Twitter, and to delete their accounts as a pretext to harass, intimidate, suspend or impose criminal punishment on journalists and broadcast stations simply for using social media platform”.
The suit is consequent upon the order by the National Broadcasting Commission (NBC) asking TV and radio stations to “suspend the patronage of Twitter immediately”, and telling them to delete ‘unpatriotic’ Twitter, after it was banned in the country for deleting President Muhammadu Buhari’s tweet.
In the suit number FHC/ABJ/CS/496/2021, SERAP is also seeking an order of perpetual injunction restraining the federal government, NBC, 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 is also seeking an order setting aside the directive by NBC and the Minister asking broadcast stations to stop using Twitter, describing the directive as unlawful, unconstitutional, 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.
It also argues that the order 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.
SERAP argues 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.
“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,” it submitted.
The suit was filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Opeyemi Owolabi, maintained that 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.”
No date has been fixed for hearing of the suit.