Twitter Ban: SERAP Sues FG Over ‘Unlawful’ Directive To TV, Radio Stations

The Socio-Economic Rights and Accountability Project (SERAP) has sued the Nigerian Government and the Minister of Information, Lai Mohammed, for directing broadcast stations in the country to stop using Twitter.

The Federal Government, through the National Broadcasting Commission (NBC), had given the instruction following its suspension of Twitter’s operation in Nigeria.

The government had claimed that the platform was being used for activities “capable of undermining the existence of Nigeria”.

SERAP’s suit was filed on its behalf by Kolawole Oluwadare, Kehinde Oyewumi and Opeyemi Owolabi, reports The Punch.

The suit urged the court to stop the government and the minister from using “their patently unlawful directive to all TV and radio stations not to use Twitter, and to delete their accounts as a pretext to harass, intimidate, suspend or impose criminal punishment on journalists and broadcast stations simply for using social media platforms.”

SERAP sought an order, “setting aside the directive by NBC and Mr Lai Mohammed asking broadcast stations to stop using Twitter, as it is unconstitutional, unlawful…”

In the suit number FHC/ABJ/CS/496/2021, they sought an order restraining the President, the NBC and the minister from censoring, regulating, licensing and controlling the social media operations and contents by broadcast stations, and activities of social media service providers in Nigeria.
The group also asked for, “A declaration that the provision of section 2[1][r] of the National Broadcasting Act and sections 5.6.3, 5.11.3 of the Nigeria Broadcasting Code, being inconsistent and incompatible with sections 36[1], 39 and 22 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights are null and void to the extent of their inconsistency and incompatibility.

“A declaration that the NBC and Mr Lai Mohammed lacked the power and authority to unlawfully impose penalties such as fines and other sanctions on any journalists and broadcast stations for using Twitter and refusing or failing to deactivate their Twitter handles”, they said.

They held that the present administration had consistently made policies and given directives to, “crack down on media freedom, and the rights of Nigerians to freedom of expression and access to information, and to impose crippling fines and other sanctions on broadcast stations without any legal basis.”