Former Second Vice President of the Nigeria Bar Association (NBA), Monday Ubani, has dragged the Federal Government of Nigeria, before a Federal High Court sitting in Lagos State, over the indefinite suspension of microblogging app, Twitter, describing the suspension as unlawful and a violation of his fundamental right to freedom of expression.
The Lagos-based lawyer in his application asked the court to set aside the indefinite suspension, ban, sanction or other punishment whatsoever imposed on Twitter, him (the Applicant) and other Nigerians and any social networking service by the Respondents and their agents.
He also asked the court to direct the Federal Government to immediately revoke, withdraw and rescind their indefinite suspension or ban of Twitter or any other social networking.
It would be recalled that the Minister of Information and Culture, Lai Mohammed had announced the suspension of Twitter in Nigeria. The government has also threatened to arrest and prosecute anyone using Twitter in the country, while the National Broadcasting Commission (NBC) has asked all broadcast stations to suspend the patronage of Twitter.
Joined in the suit alongside the Federal government (1st Respondent) are; the Attorney General of the Federation, The Minister Of Information and Culture and the Nigerian Communication Commission as 2nd, 3rd and 4th respondents respectively.
Ubani, in the application filed before the court on Wednesday, is seeking “A declaration that the indefinite suspension of Twitter by the 1st, Respondent (FG) without an order of a competent court of jurisdiction is unlawful and violates the fundamental right of the Applicant to freedom of expression, freedom to hold opinions and receive and impart ideas and information without interference as guaranteed by section 39(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP 10) Laws of the Federation of Nigeria 1990.
“A declaration that the instruction given to the Association of Licensed Telecom Operators of Nigeria (ALTON) by the 4th Respondent to stop Nigerians (including the Applicant) from getting access to Twitter violates the fundamental right of the Applicant to freedom of expression, freedom to hold opinions and receive and impact ideas and information without interference as guaranteed by section 39(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP 10) Laws of the Federation of Nigeria 1990.
“A declaration that the directive given to the security operatives and the Director of Public Prosecution of the Federation (DPP) by the 3rd Respondent to arrest and immediately prosecute users of Twitter in Nigeria (including the Applicant) infringes on the fundamental right of the Applicant to freedom of expression, freedom to hold opinions and receive and impact ideas and information without interference as guaranteed by section 39(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP 10) Laws of the Federation of Nigeria 1990, and a gross violation of Section 36(12) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which forbids any act or omission to be referred to as a crime unless a written law says so.
“An order by the Court setting aside the indefinite suspension, ban, sanction or other punishment whatsoever imposed on twitter, the Applicant and other Nigerians and any social media service provider by the Respondents and their agents.
“An order directing the 1st Respondent to immediately revoke, withdraw and rescind their suspension or ban of Twitter or any other social media service providers in Nigeria as same violates sections 39(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP 10) Laws of the Federation of Nigeria 1990.
“An order directing the 4th Respondent to immediately revoke, withdraw and rescind the formal instruction given to ALTON to suspend access to Twitter in Nigeria as same violates sections 39(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP 10) Laws of the Federation of Nigeria 1990.
“An order of perpetual injunction restraining the Respondents and their agents from unlawfully imposing sanctions and other punishment, including criminal prosecution or doing anything whatsoever to harass, the Applicant, Nigerians, Twitter and any social media service provider in Nigeria.
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