The ECOWAS Court has declared that the federal government’s order to ban Twitter in June 2021 was unlawful and a violation of the rights of Nigerians.
The court which gave the ruling on Thursday held that the Federal government’s action was unlawful and inconsistent with Article 9 of the African Charter and Article 19 of the International Covenant on Civil and Political Rights.
Recall that the Nigerian government had banned Twitter on June 5, 2021, after the platform deleted President Buhari’s tweets.
The suit was filed by the Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians.
Delivering judgement on the matter on Thursday, the court declared that it has the 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 a fair hearing,” the court ruled.
The court directed the present administration to ensure the unlawful ban on Twitter never repeats itself again.
The court ordered the FG to bring up policies that give effect to the rights and freedom of Nigerians.
The ECOWAS Court directed the deputy chief registrar to assess the cost of the proceeding and ordered the Federal Government to bear the costs.
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An Abuja division of the federal high court had dismissed SERAP suit against the federal government on its directives to broadcast outlets in Nigeria to suspend the usage of Twitter after it was banned for violating Nigerian laws.
SERAP had filed a fundamental rights enforcement suit against the National Broadcasting Commission (NBC) and two others following an order by the NBC which directed broadcast outlets in Nigeria to suspend the usage of Twitter after it was banned for allegedly violating Nigerian laws.
In a suit marked: FHC/ABJ/CS/496/21, filed by SERAP against the NBC, the Director-General of NBC and the Minister of Information and Culture, sought an order setting aside the directive by NBC among other reliefs.
Ruling on the matter in December 2021, Justice Obiora Egwuatu dismissed the suit for lacking in merit and awarded a N100, 000 cost against SERAP.
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