Twitter Ban: Fmr NBA 1st VP Drags FG To Court, Says It Violates Right To Freedom Of Speech

The Former first Vice-President of the Nigerian Bar Association,
NBA, Monday Ubani, has dragged the Federal government of Nigeria to
court over the banning of Twitter in Nigeria.

Defendants to the suit which was brought by way of Originating
Summons for the enforcement of fundamental rights are Federal
Republic of Nigeria; Attorney-General of the Federation; the
Ministry of Information and Culture and the Nigerian Communication
Commission as 1st, 2nd, 3rd and 4th Defendants respectively.

Ubani is seeking a declaration that the suspension of Twitter
without court order contravenes right to freedom of speech
entrenched in the Constitution of the Federal Republic of Nigeria,
1999 and the African Charter on Human and Peoples Rights. The
reliefs read:

“1. A DECLARATION that the indefinite suspension of Twitter by
the 1st, Respondent 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 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.

“2. 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.

“3. 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.

“4. AN ORDER of this Honorable 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.

“5. AN ORDER directing the 1st Respondent to immediately revoke,
withdraw and/or 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.

“6. AN ORDER directing the 4th Respondent to immediately revoke,
withdraw and/or 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.

“7. 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.”

Ubani, in his grounds of the application says he is one out of
over 40 million Nigerians that subscribes and uses twitter to carry
out his daily business and operational activities, access
information, send and receive information, and freely communicate
information and ideas about public and political issues.

He said President Muhammadu Buhari is also one of the many
Nigerian Citizens that subscribes and uses Twitter to access,
disseminate and receive information, share ideas and opinions.

He added that Twitter like every other social media platform has
laid down rules of engagement which is a very key condition to
become a user, and every user agrees to abide by their laid down
Rules of engagement, which President Muhammadu Buhari in his
capacity as a Nigerian citizen, also agreed to before he was
permitted to became a user of Twitter.

He said, “one of such Rules of engagement laid down by Twitter
is that users must not make posts that incite or promote violence,
harassment, abusive comments or other similar types of
behaviour.”

Giving background of the situation, Ubani narrated in his
affidavit that
on the 2nd day of June, 2021, President Buhari in his personal
official Twitter account made a post which stated that: “Many of
those misbehaving today are too young to be aware of the
destruction and loss of lives that occurred during the Nigerian
Civil War. Those of us in the fields for 30 months, who went
through the war, will treat them in the language they
understand”.

“That Millions of Nigerians found this post offensive, and some
felt it was a threat of genocide against the cultural group of Igbo
people, and reported same to Twitter. Twitter considered it as a
violation of their rules of engagement (abusive behavior policy)
which @MBuhari agreed to abide by. Consequently, the said tweet was
deleted.

“That two days after deleting the said offensive tweet from the
official personal Twitter account of the President of Nigeria
@MBuhari, the president who felt his personal ego has been badly
bruised and punctured, directed the 3rd Respondent to make a press
release suspending Twitter operations in Nigeria indefinitely.

“The 3rd Respondent through its special assistant on media,
Segun Adeyemi, announced on Friday, 4th June, 2021 announced that
the 1st Respondent has indefinitely suspended Twitter’s operations
in Nigeria, to wit:” The Federal Government has suspended,
indefinitely, the operations of the microblogging and social
networking service, Twitter, in Nigeria”. Same was published by
various print media. One of such publications is hereby attached
and marked Exhibit A. The Respondents have also threatened to take
similar action against other social media sites.

“That on the strength of the said announcement, the 4th
Respondent directed the Association of Licensed Telecom Operators
of Nigeria (ALTON), to suspend access to Twitter in Nigeria

“That the 2nd Respondent acting on the strength of the said
suspension ordered security operatives to arrest Nigerians,
(including the Applicant) who are still using Twitter, and further
directed the Director of Public Prosecution of the Federation to
swing into action and commence in earnest the process of
prosecution of violators of the 1st Defendant’s De-activation of
operations of Twitter in Nigeria, and speedy prosecution of
offenders without any further delay. The statement was released on
the 5th day of June, 2021 by the 2nd Respondent’s Special Assistant
on Media and Public Relations, Dr. Umar Jibrilu Gwandu. The said
statement is hereby attached and marked Exhibit B.

“That this directives by the Respondents has infringed on my
fundamental right 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.

“That acting on the directive of the 4th Respondent, the
Association of Licensed Telecom Operators of Nigeria (ALTON),
directed all Internet Service Providers to stop Nigerians
(including myself) from getting on to Twitter, and since the 4th
day of June, 2021, my internet Service provider (MTN) has blocked
me from assessing information, sending and receiving information,
sharing views and opinions through Twitter. The press release to
this effect by ALTON dated Saturday June 05, 2021 is attached
herewith and marked Exhibit C.

“That this violates my fundamental right 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.

“That it is very unfair, and constitute gross act of injustice
for the Respondents to deny me (and over 40 million Nigerians who
also uses Twitter) my Constitutionally guaranteed fundamental right
to freedom of expression, and to send and receive information
without interefence just because one Nigerian citizen felt offended
by the fact that Twitter deleted his personal post.

“That I did not violate any Section of the Nigerian Constitution
in the exercise of my right and freedom of expression through the
use of Twitter to warrant the Respondents denying me of my
sacrosanct Constitutionally guaranteed fundamental right to freedom
of expression.

“That the decision taken by the Respondents to suspend Twitter
and the directive given by the 2nd Respondent to security
operatives and Director of Public Prosecution (DPP) to arrest and
immediately prosecute me (and any other Nigerian) found using
Twitter is draconian, dictatorial and autocratic, and should not be
allowed to flourish in a nascent democracy like ours.

“That granting this application will not only serve the interest
of justice and fairness, but will safeguard my constitutional
inalienable right (as well as that of over 40 million Nigerians who
have Twitter accounts) to freedom of expression.”

The Former first Vice-President of the Nigerian Bar Association,
NBA, Monday Ubani, has dragged the Federal government of Nigeria to
court over the banning of Twitter in Nigeria.

Defendants to the suit which was brought by way of Originating
Summons for the enforcement of fundamental rights are Federal
Republic of Nigeria; Attorney-General of the Federation; the
Ministry of Information and Culture and the Nigerian Communication
Commission as 1st, 2nd, 3rd and 4th Defendants respectively.

Ubani is seeking a declaration that the suspension of Twitter
without court order contravenes right to freedom of speech
entrenched in the Constitution of the Federal Republic of Nigeria,
1999 and the African Charter on Human and Peoples Rights. The
reliefs read:

“1. A DECLARATION that the indefinite suspension of Twitter by
the 1st, Respondent 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 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.

“2. 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.

“3. 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.

“4. AN ORDER of this Honorable 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.

“5. AN ORDER directing the 1st Respondent to immediately revoke,
withdraw and/or 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.

“6. AN ORDER directing the 4th Respondent to immediately revoke,
withdraw and/or 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.

“7. 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.”

Ubani, in his grounds of the application says he is one out of
over 40 million Nigerians that subscribes and uses twitter to carry
out his daily business and operational activities, access
information, send and receive information, and freely communicate
information and ideas about public and political issues.

He said President Muhammadu Buhari is also one of the many
Nigerian Citizens that subscribes and uses Twitter to access,
disseminate and receive information, share ideas and opinions.

He added that Twitter like every other social media platform has
laid down rules of engagement which is a very key condition to
become a user, and every user agrees to abide by their laid down
Rules of engagement, which President Muhammadu Buhari in his
capacity as a Nigerian citizen, also agreed to before he was
permitted to became a user of Twitter.

He said, “one of such Rules of engagement laid down by Twitter
is that users must not make posts that incite or promote violence,
harassment, abusive comments or other similar types of
behaviour.”

Giving background of the situation, Ubani narrated in his
affidavit that
on the 2nd day of June, 2021, President Buhari in his personal
official Twitter account made a post which stated that: “Many of
those misbehaving today are too young to be aware of the
destruction and loss of lives that occurred during the Nigerian
Civil War. Those of us in the fields for 30 months, who went
through the war, will treat them in the language they
understand”.

“That Millions of Nigerians found this post offensive, and some
felt it was a threat of genocide against the cultural group of Igbo
people, and reported same to Twitter. Twitter considered it as a
violation of their rules of engagement (abusive behavior policy)
which @MBuhari agreed to abide by. Consequently, the said tweet was
deleted.

“That two days after deleting the said offensive tweet from the
official personal Twitter account of the President of Nigeria
@MBuhari, the president who felt his personal ego has been badly
bruised and punctured, directed the 3rd Respondent to make a press
release suspending Twitter operations in Nigeria indefinitely.

“The 3rd Respondent through its special assistant on media,
Segun Adeyemi, announced on Friday, 4th June, 2021 announced that
the 1st Respondent has indefinitely suspended Twitter’s operations
in Nigeria, to wit:” The Federal Government has suspended,
indefinitely, the operations of the microblogging and social
networking service, Twitter, in Nigeria”. Same was published by
various print media. One of such publications is hereby attached
and marked Exhibit A. The Respondents have also threatened to take
similar action against other social media sites.

“That on the strength of the said announcement, the 4th
Respondent directed the Association of Licensed Telecom Operators
of Nigeria (ALTON), to suspend access to Twitter in Nigeria

“That the 2nd Respondent acting on the strength of the said
suspension ordered security operatives to arrest Nigerians,
(including the Applicant) who are still using Twitter, and further
directed the Director of Public Prosecution of the Federation to
swing into action and commence in earnest the process of
prosecution of violators of the 1st Defendant’s De-activation of
operations of Twitter in Nigeria, and speedy prosecution of
offenders without any further delay. The statement was released on
the 5th day of June, 2021 by the 2nd Respondent’s Special Assistant
on Media and Public Relations, Dr. Umar Jibrilu Gwandu. The said
statement is hereby attached and marked Exhibit B.

“That this directives by the Respondents has infringed on my
fundamental right 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.

“That acting on the directive of the 4th Respondent, the
Association of Licensed Telecom Operators of Nigeria (ALTON),
directed all Internet Service Providers to stop Nigerians
(including myself) from getting on to Twitter, and since the 4th
day of June, 2021, my internet Service provider (MTN) has blocked
me from assessing information, sending and receiving information,
sharing views and opinions through Twitter. The press release to
this effect by ALTON dated Saturday June 05, 2021 is attached
herewith and marked Exhibit C.

“That this violates my fundamental right 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.

“That it is very unfair, and constitute gross act of injustice
for the Respondents to deny me (and over 40 million Nigerians who
also uses Twitter) my Constitutionally guaranteed fundamental right
to freedom of expression, and to send and receive information
without interefence just because one Nigerian citizen felt offended
by the fact that Twitter deleted his personal post.

“That I did not violate any Section of the Nigerian Constitution
in the exercise of my right and freedom of expression through the
use of Twitter to warrant the Respondents denying me of my
sacrosanct Constitutionally guaranteed fundamental right to freedom
of expression.

“That the decision taken by the Respondents to suspend Twitter
and the directive given by the 2nd Respondent to security
operatives and Director of Public Prosecution (DPP) to arrest and
immediately prosecute me (and any other Nigerian) found using
Twitter is draconian, dictatorial and autocratic, and should not be
allowed to flourish in a nascent democracy like ours.

“That granting this application will not only serve the interest
of justice and fairness, but will safeguard my constitutional
inalienable right (as well as that of over 40 million Nigerians who
have Twitter accounts) to freedom of expression.”