ECOWAS Court Says FG Cannot Prosecute, Sanction Twitter Users
The Court of Justice of the Economic Community of West African States (ECOWAS) has said the Federal Government of Nigeria cannot prosecute citizen for using Twitter. This development was disclosed today by Social-Economic Rights and Accountability Project (SERAP) deputy director Kolawole Oluwadare.
The Nigerian government on June 4 indefinitely suspended Twitter, two days after the social media platform removed a post from President Muhammadu Buhari that threatened to punish regional secessionists.
While banning Twitter’s operation, FG asked all Nigerians to desist from using it. Attorney General of the Federation, Abubakar Malami said Nigerians that go against the order will be prosecuted but some Lawyers said there is no section of Law that support FG’s prosecution.
Some technologies savvy Nigerians have been able to find their ways using the microblogging network service platform, the move that appears to irate Nigerian government.
The court restrained the government of President Muhammadu Buhari 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 this suit, the statement reads.
The ruling followed the suit filed against the government by SERAP and 176 concerned Nigerians arguing that “the unlawful suspension of Twitter in Nigeria, criminalization 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 gave the order after hearing arguments from Solicitor to SERAP, Femi Falana, and lawyer to the government Maimuna Shiru.
The court said, “The court has listened very well to the objection by Nigeria. The court has this to say. Any interference with Twitter is viewed as an 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.”
Reacting to the ruling, Femi 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.”
“Contrary to the assurance credited to the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN that violators of the Twitter 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.”
The suit and the ruling followed the suspension of Twitter by the Minister of Information and Culture, Lai Mohammed after the social media giant was banned in the country for deleting President Muhammadu Buhari’s tweet.
The National Broadcasting Commission (NBC) also ordered TV and radio stations to “suspend the patronage of Twitter immediately”, and told them to delete ‘unpatriotic’ Twitter.
ECOWAS Court Says FG Cannot Prosecute, Sanction Twitter Users
