Why ECOWAS Court Declared Twitter Ban By Nigerian Govt Illegal
The ECOWAS Court of Justice in Abuja, on Thursday, declared as unlawful last year’s suspension of Twitter by the Muhammadu Buhari government, ordering the government to desist from such an illegal act in the future.
The court ruled that suspending the operations 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, both of which Nigeria is a state party, according to a statement by the Socio-Economic Rights and Accountability Project (SERAP).
SERAP and 176 concerned Nigerians had filed the suit to challenge the suspension of Twitter’s operations in Nigeria in June last year.
The ban came after Twitter deleted a tweet by Mr Buhari.
The Nigerian government and officials of Twitter held talks which led to the lifting of the suspension in January this year, ending the ban that lasted about seven months.
While the talks were going on, the Nigerian government locked horns with SERAP and 176 others in a legal battle at the ECOWAS Court.
SERAP and the other plaintiffs alleged in the suit that the ban on Twitter violated their various right to freedom of expression and others.
The Nigerian government, on its part, urged the court to dismiss the suit, saying the regional court lacked the jurisdiction to hear it.
But the ECOWAS Court, in its judgement, on Thursday, affirmed it had jurisdiction to entertain the suit.
“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 held.
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 on 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.
Suit
SERAP and the 176 other concerned Nigerians had in suit marked ECW/CCJ/APP/23/21, argued that “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.”
They contended that “the free communication of information and ideas about public and political issues between citizens and elected representatives is essential,” urging the court declare the government’s action unlawful.
Drawing the court’s attention to the losses being incurred by businesses in Nigeria as a result of the ban, the plaintiffs said, “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.”
