ECOWAS Court Declares Nigeria’s Twitter ban Unlawful – Tope Alabi | GOVERNMEND

In October 1980, I was admitted to read political science in the University of Lagos. In these past forty two years, the mainstream literature in the Social Sciences, political science in particular, has continued to draw attention to the evils of the Western Capitalist imperialism in the Africa’s development process. As an undergraduate political science student, we were introduced to considerable works on the Trans-Atlantic slave trade, colonialism in Africa by Europe and the raging neo-colonialism of global capital in which the Bretton Woods twins have been severely implicated.

At the Department of International Relations in the Obafemi Awolowo University as an M.Sc student in 1986, it was the same story. Global capital is the bane of Africa’s development.
But beginning from the 1990s when I joined the academia, I began to query the assertions that the main reason why Africa has not developed is the Western Capitalist imperialism. The basis of this is the growing and internal deepening contradictions within the continent. For me, the description of the power elite in Africa approximates to how VI Lenin described the capitalist class – predatory, consficatory and annexationist. When you have leaders that pillage the national treasury brazenly and you keep blaming the West, two problems arise. The first is that scholarship has become escapist and reductionist. Scapegoat scholarship that will always look out for external forces to blame. The second is that we might not be able to find lasting solutions to our problems because we are not addressing the root causes of these problems.
Based on the conviction that the bulk of the crisis of development in Africa is largely internal, I commenced public writing in 2014, drawing attention largely to the internal contradictions that will always impede the development in the continent. In particular, the Buhari government has come under my severe scrutiny. One of such is the hasty ban off Twitter by the Buhari government in 2021. Then I wrote two articles blasting the Buhari government that the ban was wrong. This ruffled many feathers. But today, the ECOWAS Court’s ruling on this subject buttressed my opinion on the illegality of the ban. Here I would like to share the ruling of the court via Premium Times and my earlier two articles with my readers :
1 “ECOWAS Court Declares Nigeria’s Twitter ban Unlawful.”

Premium Times Nigeria(14 July, 2022)

“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.”
ByPress Release July 14, 2022 Reading Time: 3 mins read
Following a suit by the Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians, the ECOWAS Court has “declared unlawful the suspension of Twitter by the government of President Muhammadu Buhari, and ordered the administration never to repeat it again.”
This development was disclosed today by SERAP deputy director Kolawole Oluwadare.
It would be recalled that following the deletion of President Muhammadu Buhari’s tweet, the Minister of Information and Culture, Lai Mohammed, announced the suspension of Twitter in Nigeria. The government also threatened to arrest and prosecute anyone using Twitter in the country, while the National Broadcasting Commission (NBC) asked all broadcast stations to suspend the patronage of Twitter.
But in the judgment delivered today, the ECOWAS court declared that it has the jurisdiction to hear the case, and that the case was therefore admissible.
The Court also held that the act of suspending the operation 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 the Court, “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 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 of 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.
Reacting to the judgment, Femi Falana, SERAP’s lawyer in the suit, said, “We commend the ECOWAS Court for the landmark judgment in the case of SERAP v Federal Republic of Nigeria in which the Judges unanimously upheld the human rights of community citizens to freedom of expression, and access to information. Even though the Court had granted an interim order of injunction last year which restrained the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN from prosecuting Nigerians who defied the Twitter ban, SERAP deserves special commendation for pursuing the matter to a logical conclusion.”
“Freedom of expression is a fundamental human right and the full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society.”
“With the latest decision of the Court to declare the suspension of Twitter in Nigeria illegal it is hoped that the Heads of State and Governments of the member states of the Economic Community of West African States will henceforth respect and uphold the human right of community to freedom of expression guaranteed by Article 9 of the African Charter on Human and Peoples Rights.”
It would be recalled that SERAP and 176 concerned Nigerians had in suit No ECW/CCJ/APP/23/21 filed before the ECOWAS Community Court of Justice in Abuja, sought: “An order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria, and subjecting anyone including media houses, broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution, pending the hearing and determination of the substantive suit.”
The suit, read in part: “if this application is not urgently granted, the Federal Government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunication companies, media houses, broadcast stations and other people using Twitter in Nigeria, the perpetual order sought in this suit might be rendered nugatory.”

“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.”

“The free communication of information and ideas about public and political issues between citizens and elected representatives is essential. This implies a free press and other media able to comment on public issues without censor or restraints, and to inform public opinion. The public also has a corresponding right to receive media output.”

“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. The suspension has also impeded the freedom of expression of millions of Nigerians, who criticize and influence government policies through the microblogging app.”

“The suspension of Twitter is arbitrary, and there is no law in Nigeria today permitting the prosecution of people simply for peacefully exercising their human rights through Twitter and other social media platforms.”

“The suspension and threat of prosecution by the Federal Government constitute a fundamental breach of the country’s international human rights obligations including under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights to which Nigeria is a state party.”

“The suspension has seriously undermined the ability of Nigerians and other people in the country to freely express themselves in a democracy, and undermined the ability of journalists, media houses, broadcast stations, and other people to freely carry out their professional duties.”

“A lot of Nigerians at home and abroad rely on Twitter coverage of topical issues of public interest to access impartial, objective and critical information about ideas and views on how the Nigerian government is performing its constitutional and international human rights obligations.”

“The implication of the decline in freedom of expression in Nigeria is that the country is today ranked alongside countries hostile to human rights and media freedom such as Afghanistan, Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia.”
Kolawole Oluwadare

SERAP Deputy Director

2.’Re-Twitter Ban By the Buhari Government.”
Note: On 6 June, 2021, I wrote on the Twitter Ban by the Buhari government. Then, I stated that the decision was hasty and that there should be alternative strategies with less devastating impact on millions of Nigerian Twitter users. With those who will not see anything negative about the Buhari government, I was attacked. Two folks on the NPSA North West Platform did very well in this regard. Rather than respond to them appropriately, I just thumbed up their attacks and moved. In the past two years, this has always been my usual response to ethnic and religious sentiments in the garb of scholarship. They, are therefore not my main concern here.
I am triggered to revisit what I had earlier written on this subject when I heard in the news that the Buhari government has set up a powerful delegation to dialogue with Twitter.
Right from the onset I knew that this would happen. This is so because the respect for the fundamental human rights of the citizens has become a global imperative that most pragmatic governments would not want to flout. This is not without taking cognizance of those individuals who will place empty national pride above reason and rational approach to issues.
But the interesting aspect of this narrative is the calibre of the the government delegation that will dialogue with Twitter. Who are they? The Honourable Ministers of Information(Chairman), Foreign Affairs, Works and Housing, Labour(?) and Digital Economy. This appears rather intimidating. I am not sure if the Federal Government delegation to either to the United States or the United Nations was this powerful when President Buhari visited Washington or New York.
The point here is that the government attaches much importance to Twitter despite the fact that some folks believe it is a private enterprise that the Federal Government must deal with decisively.
There is a need to raise a pertinent question. To what extent could the poor and vulnerable nations dare the multi-national organizations and some non-state actors without adverse consequences ? This question is very important because each time some powerful non-state actors report ‘negatively’ on Nigeria, the usual refrain is that they must be banned from Nigeria. That was the situation in 2018 when the Amnesty International reported that the herdsmen killed close to four thousand Nigerians under this government. When Transparency International reported that corruption has grown under the current government, Professor Itse Sagay came so hard on TI, calling it names. Perhaps one might wish to submit that no matter how imperialist these organizations might appear to be, many of their submissions need to be studied so that the country could profit fron them. But this might not go down well with the ‘lamentation scholars’ who will always blame global capital for Africa’s woes.
Could anyone deny the fact that Nigeria is one of the top most corrupt countries in the world today? By the way what has become of Ibrahim Magu, the former Anti-corruption Chief who was arrested and detained for corrupt practices not too long ago?
One might argue that the non-governmental actors are now forces most developing nations could hardly defy. This is becoming more difficult in the ever increasingly globalized world. One could therefore hope that the dialogue with Twitter Wil yield positive fruits. The relationship between the two parties is symbiotic and international osmosis has consigned isolationism to the limbo of backwardness and regrettable debilitating immobilism. Below is what I wrote two weeks ago:

3.””Twitter Ban By the Buhari Government.”

In the field of international relations, at least from the point of view of the Realists, two issues are most sacrosanct. The first is that you define your national interests which could include the protection of your territorial integrity, fostering economic development of your nation, promotion of regional and world peace, building protective and economic alliances and so on and so forth.
The second is to seek power to consummate these interests. This power could include military, economic and diplomatic powers. There could also be power of propaganda, building your human and infrastructural capacity to the point that you could compete favorably within the international system.
Arguably, the two most important elements of national power a nation could pursue with dogged determination are military and economic powers. No rational world leader can attack a nuclear power today without devastating consequences for humanity. But then you could have a huge intimidating military arsenal like the erstwhile Soviet Union and be inundated with internal contradictions with implosive and atomistic import. Hence, maintaining a strong and virile economy is one important imperative that no self respecting nation can take for granted.
To be sure, the global economy today is inter-dependent. Hence, the rules of the current international economic relations call for thoughtful and nuanced approach in dealing with the other actors in the system.
Since 3 June, 2021 that the Buhari government banned Twitter from Nigeria over its removal of President Buhari’s twits on the insecurity in the south east, I have read scores of views on many scholarly fora, overwhelming majority of them full of emotions, ethnic and religious prejudices. Yet, there are a few objective and balanced ones. But let us look at the official position on this:

“PRESS RELEASE
FG Suspends Twitter’s Operations in Nigeria
The Federal Government has suspended, indefinitely, the operations of the microblogging and social networking service, Twitter, in Nigeria.
The Minister of Information and Culture, Alhaji Lai Mohammed, announced the suspension in a statement issued in Abuja on Friday, citing the persistent use of the platform for activities that are capable of undermining Nigeria’s corporate existence.
The Minister said the Federal Government has also directed the National Broadcasting Commission (NBC) to immediately commence the process of licensing all OTT and social media operations in Nigeria.
Segun Adeyemi
Special Assistant To The President (Media)
Office of the Minister of Information and Culture
Abuja
4 June 2021″
Does removing the twits of President Buhari amount to undermining the Nigerian corporate existence? If yes, how? Answers to these questions wold vary depending on who you ask. The APC supporters would give you a lot of reasons that why Twitter is an enemy of Nigeria. Conversely, the PDP and the opponents of the Buhari government would come hard on the government.
But a more germane question is: is the to ban of Twitter the only option open to the government in registering its displeasure on the activities of Twitter? Are there legal or economic options? Whether we like it or not Twitter is of crucial importance in information dissemination in Nigeria. It is a means of communicating with the world. In business, politics, economy and social relations, Twitter is still very vital to not only Nigeria but to the world.
The former American President, Donald Trump knew this when Twitter banned him early in 2021. In fact, constitutionally, he did not have the power to do this. Freedom of speech is an integral part of any democratic nation. Despite the unrelenting CNN attacks on Trump, the American Broadcasting Commission could not ban the CNN. This is the beauty of democracy.
I know that some folks would tell you that we do not need to bother ourselves with the opinions of the West and the other parts of the world. The utility of this argument is of little or no consequence. You sell your oil to these nations and import their industrial commodities to your country. In concert, they can undermine your economy and even perhaps your security. Diplomacy is not about emotions and irrational national pride. Nigeria is one of the five poorest countries in the world and the Third most dangerous place on earth.
Would this ban of Twitter promote or undermine the Nigerian image internationally? Would it encourage the inflow of foreign direct investment into the country or not? Are there no other ways of dealing with Twitter apart from outright ban? When you block free flow of information, you are branded an intolerant and despotic nation.
I am of the opinion that an amicable settlement with Twitter is still possible. And Nigeria should pursue it in its own national interest.
Of the scores of materials I have read on this issue, I find the one below to more pragmatic and comprehensive:

TWITTER BAN IN NIGERIA : THE STORM, THE FACTS, THE EXPOSITION, THE CONSEQUENCES By Emmanuel Gandu

HIGHLIGHTS
@ Introduction
@ Should social media be banned ?
@ Genesis of the ban
@ Other Countries that have banned social media
@ Why countries ban social media
@ Twitter H/Quarters in Africa is in Ghana : Compare Ghana and Nigeria.
@ Why did Twitter choose Ghana over Nigeria ?
@ Conclusion

INTRODUCTION
Social media services like Twitter, Facebook, Instagram, Snapchat, WhatsApp, etc keeps Communication, ease of doing business, transaction, massive employment of population, organization/planning of social events, etc a variable tool in the modern world.
Free flow and easy access to information, connectivity, and aid to education facility as indispensable agents of development.

Imagine for a moment that your rights and ability to communicate as to all of the above were taken away ?
Imagine that an entire population of 200 million people is isolated, and their means of communication and sources of income/living is taken away ?
That is exactly what Buhari and the APC government have done to a good chunk of Nigerians.

SHOULD SOCIAL MEDIA BE BANNED ?
Social media is an immense powerful tool today. With a click of a button, it makes it possible for an individual to contact, reach out and share information with thousands and millions of people around the world.
Social media has a whole lot of benefits to individuals, government, corporate organizations, NGO’s/charity organizations, etc to make their work easy, faster, cheaper, and better.
However, social media is as good a stabilizing tool for a progressive regime as it is a destabilizing agent for an oppressive, draconian, and totalitarian government.

GENESIS OF THE BAN
President Buhari of Nigeria had a few days ago felt dissatisfied with the destructive actions to national facilities of rampaging youths in the South Eastern states of the country. He sent his opinion on how the government will crush them with force and might through his Twitter account. Twitter brought down the president’s message possibly due to his use of strong language. Angered by Twitter’s action, the president slammed Twitter with a ban on it’s activities in Nigeria.

OTHER COUNTRIES THAT HAVE BANNED SOCIAL MEDIA
Such countries include China, Iran, North Korea, Syria, Russia, Egypt, Pakistan, Myanmar, Sudan, Turkey, Saudi Arabia, Eritrea, Thailand, Tunisia, Libya Yemen, Vietnam, Bangladesh, Uganda, Cameroun, and now Nigeria.

WHY DO COUNTRIES BAN SOCIAL MEDIA
✓ Those in power are conservative regimes
✓ They are authoritarian, draconian, and totalitarian
✓They hate dissenting voices
✓ They are not comfortable with the opposition – they drive the opposition underground
✓They are not open to change and radical ideas
✓ They don’t allow a free press nor freedom of speech

TWITTER H/QUARTERS IN AFRICA IS CITED IN GHANA : COMPARE GHANA AND NIGERIA – THE FACTS.
(1) While Nigeria is the largest economy in Africa, Ghana’s economy is no where close to even Lagos State.
(2) Nigeria’s population is about 200 million – the largest single market in Africa.
(3) Ghana’s total population is about 33 million – not quite far from that of Lagos State.
(4) More than 39 million Nigerians have Twitter account – this is more than the total population of Ghana.
(5) If all the statistics favour Nigeria, why did Twitter decided to settle for Ghana ?
(6) Could this be behind Nigeria’s actions against Twitter ?

WHY DID TWITTER CHOOSE GHANA OVER NIGERIA ? – THE FACTS :
Twitter chief executive Jack Dorsey after an extensive tour of Africa in 2019 decided to build their Head Quarters in Ghana and not Nigeria because of the following reasons :
(1) Ghana is a champion for democracy
(2) Ghana is a supporter of free speech
(3) Ghana has on-line freedom
(4) Ghana has an open internet
(5) Ghana is the host of the Secretariat of the African Continental Free Trade (AFCTA)
(6) Ghana will better support Twitter’s efforts to improve and Tailor their Services Across Africa
(7) Ghana is a peaceful country for business security
(8) Ghana has good friendly policies for ease of doing business
(9) Nigeria has a hostile business environment
(10) You can land at Ghana’s Kotoko Airport and get a Sim card at the airport.
(11) In Nigeria a 🐪 camel has to pass through the eye of the needle to get a Sim card, then register with difficulty through NIM
(12) Nigeria system is dysfunctional
(13) The cost of running business in Nigeria is high
(14) In 2014, Ghana ranked 13 places higher than Nigeria in the World Bank’s ease of doing Business Index
(15) Google (HOOGL), Microsoft (MSFT), and Huawei are among international tech giants that have expanded their operations in Ghana, targeting software developers and young creative minds on the continent.
(16) Ghana is ranked in the 2020 Global Peace Index as the 43rd most peaceful country in the world.
(17) Nigeria is ranked in the same 2020 Global Peace Index at 147th position.

CONCLUSION
This issue of the ban on Twitter in Nigeria by the Buhari government should be an eye opener. An eye opener not necessarily about bringing back Twitter, but it is in the context of what it will take Nigeria to remain in a competitive destination for investors.
Nigeria needs to start thinking very carefully about enhancing democracy and the rule of law, freedom of speech, security, peace, and justice.
Invariably, concerted efforts at re – orientation of the citizenry on the question of nationalism like done in Ghana, Rwanda, Egypt, Kenya be resurcitated as a matter of national emergency.
It is not just enough for Nigeria to sit back on the “big market” syndrome as if all is well.
We have next door to us a very competitive neighbour who is doing the right things to make itself the unrivalled hub of not only West Africa, but Africa.
In view of the ever growing teaming youth population, the future may be looking bleak if nothing is done to arrest the drifting situation that seems to be pushing Nigeria to the BRINK.
Peace
Source: Toba Alabi.

A Professor of Political Science and Defence Studies. (08036787582)