Cape Town - From June 5, 2021 to January 13 this year, the government of Nigeria officially banned Twitter, which restricted it from operating in the country.
An Economic Community of West African States (Ecowas) court, the Ecowas Court of Justice, has ruled that Nigerian President Muhammadu Buhari’s government’s law to ban Twitter for seven months in Nigeria last year was unlawful.
In January this year, after nearly seven months of not being able to tweet, Nigeria lifted a ban on social media platform Twitter, saying the social media platform had agreed to meet all of its demands.
Nigerian President Muhammadu Buhari’s government accused the US social media giant of allowing its platform to be used “for activities that are capable of undermining Nigeria’s corporate existence”.
Why an Ecowas court ruling found the Twitter ban unlawful:
– The court ruled that suspending the operations of Twitter was unlawful and inconsistent with the provisions of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, in both of which Nigeria is a state party, according to a statement by the Socio-Economic Rights and Accountability Project (Serap).
– Following a suit by Serap and 176 concerned Nigerians, the Ecowas Court has “declared unlawful the suspension of Twitter by the government of President Muhammadu Buhari, and ordered the administration never to repeat it again”. This development was disclosed on Thursday by Serap deputy director Kolawole Oluwadare.
– The government also threatened to arrest and prosecute anyone using Twitter in the country, while the National Broadcasting Commission asked all broadcast stations to suspend the patronage of Twitter.
– The court also held that the act of suspending the operation of Twitter is unlawful and inconsistent with the provisions of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, in both of which Nigeria is a state party.
– According to the court, “The Buhari administration in suspending the operations of Twitter violates the rights of Serap and 176 concerned Nigerians to the enjoyment of freedom of expression, access to information and the media, as well as the right to fair hearing.”
– The court also ordered the Buhari administration to take necessary steps to align its policies and other measures to give effect to the rights and freedoms, and to guarantee a non-repetition of the unlawful ban of Twitter.
– The court also ordered the Buhari administration to bear the costs of the proceedings and directed the Deputy Chief Registrar to assess the costs accordingly.
– Reacting to the judgment, Femi Falana, San Serap lawyer in the suit said, “We commend the Ecowas Court for the landmark judgment in the case of Serap v Federal Republic of Nigeria, in which the judges unanimously upheld the human rights of community citizens to freedom of expression, and access to information”.
– Freedom of expression is a fundamental human right and the full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society, says Falana.
– “With the latest decision of the court to declare the suspension of Twitter in Nigeria illegal, it is hoped that the heads of state and governments of the member states of Ecowas will henceforth respect and uphold the human right of community to freedom of expression guaranteed by Article 9 of the African Charter on Human and Peoples Rights.”
– It would be recalled that Serp 176 concerned Nigerians had in suit No ECW/CCJ/APP/23/21 filed before the Ecowas Community Court of Justice in Abuja, sought: “An order of interim injunction restraining the federal government from implementing its suspension of Twitter in Nigeria, and subjecting anyone, including media houses and broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution, pending the hearing and determination of the substantive suit.”
– The suit read in part: “If this application is not urgently granted, the federal government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunication companies, media houses, broadcast stations and other people using Twitter in Nigeria, the perpetual order sought in this suit might be rendered nugatory.
– “The suspension of Twitter is aimed at intimidating and stopping Nigerians from using Twitter and other social media platforms to assess government policies, expose corruption, and criticize acts of official impunity by the agents of the Federal Government.
– “The free communication of information and ideas about public and political issues between citizens and elected representatives is essential. This implies a free press and other media able to comment on public issues without censor or restraints, and to inform public opinion. The public also has a corresponding right to receive media output.
– “The arbitrary action by the federal government and its agents has negatively impacted millions of Nigerians who carry on their daily businesses and operational activities on Twitter. The suspension has also impeded the freedom of expression of millions of Nigerians, who criticise and influence government policies through the microblogging app.
– “The suspension of Twitter is arbitrary, and there is no law in Nigeria today permitting the prosecution of people simply for peacefully exercising their human rights through Twitter and other social media platforms.
– “The suspension and threat of prosecution by the federal government constitute a fundamental breach of the country’s international human rights obligations including under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights.
– “The suspension 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.
– “A lot of Nigerians at home and abroad rely on Twitter coverage of topical issues of public interest to access impartial, objective and critical information about ideas and views on how the Nigerian government is performing its constitutional and international human rights obligations.
– “The implication of the decline in freedom of expression in Nigeria is that the country is today ranked alongside countries hostile to human rights and media freedom such as Afghanistan, Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia,” says Serap.
Serap is a non-profit, non-artisan, legal and advocacy organisation devoted to promoting transparency, accountability and respect for socio-economic rights in Nigeria and Africa.
IOL