Following what it described as unlawful suspension of Twitter in Nigeria, the Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians have dragged the Federal Government to the ECOWAS court.
In the suit filed on Tuesday before the ECOWAS Community Court of Justice in Abuja, No ECW/CCJ/APP/23/21, SERAP and the concerned Nigerians say it is seeking: “an order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria, and subjecting anyone including media houses, broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution, pending the hearing and determination of the substantive suit.”
In the suit which was filed by Solicitor to SERAP, Femi Falana SAN, the Plaintiffs contend that “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 suit, read in part: “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.
“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.
“The arbitrary action by the Federal Government and its agents have 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 criticize 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 to which Nigeria is a state party.
“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.
Amongst others, SERAP and the concerned Nigerians are asking the ECOWAS Court of Justice for the following reliefs:
“A declaration that the action of the Defendant and its agents in suspending the operation of Twitter or any other social media and microblogging application without an order of a competent court of jurisdiction is unlawful, inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights.”
“A declaration that the act of the Defendant and its agents in suspending the operation of Twitter or any other social media and microblogging application in Nigeria without any offence known to law is incompatible with Nigeria’s international human rights obligations, and are therefore null and void to the extent of their inconsistency and incompatibility.”