The ECOWAS court of Justice in Abuja says Federal Government, FG, lacks the constitutional power to ban Nigerians from using a social media platforms, such as Twitter, Instagram, LinkedIn, Facebook and other social media.
Delivering judgement, the International court restrained FG and its agents from arresting or prosecuting any Nigerians for making use of Twitter, which was suspended by President Muhammadu Buhari two weeks ago.
The Attorney General of the Federation, Abubakar Malami, had threatened to arrest and prosecute Nigerians who were using Virtual Private Network, VPN, to bypass the suspension of Twitter.
Civil Society Organisation, the Socio-Economic Rights and Accountability Project, SERAP, and 176 concerned Nigerians who instituted the suit argues that the unlawful suspension of Twitter in Nigeria, criminalisation of Nigerians and other people using Twitter had 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 gave the order after hearing arguments from Solicitor to SERAP, Femi Falana (SAN), and lawyer to the government Maimuna Shiru.
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The ECOWAS court further stated that the court has listened very well to the objection by Nigeria government. The court has this to say. Any interference with Twitter is viewed as interference 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.”
Reacting to the ruling, Falana said the intervention of the ECOWAS Court is a timely relief for millions of Nigerians using Twitter who have been threatened with prosecution under the provision of the Penal Code relating to sedition.
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The senior advocate argued that contrary to a later assurance credited to Malami that violators of the Twitter suspension would not be prosecuted, the Federal Government filed processes in the ECOWAS Court threatening to prosecute Nigerians using Twitter for violating the suspension under the provisions of the Penal Code relating to sedition.
“It is extremely embarrassing that the Federal Government could threaten to jail Nigerians for sedition, which was annulled by the Court of Appeal in 1983, in the case of Arthur Nwankwo vs The State,” Falana said.
The substantive suit has been adjourned till July 6, 2021 for hearing of the substantive suit.
