The ECOWAS Court of Justice in Abuja has restrained the Federal Government from imposing sanctions or harassing, intimidating, arresting, or prosecuting Twitter users pending the determination of a suit before it.
The lawsuit was filed by the Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians against the Federal Government over the unlawful suspension of Twitter in Nigeria and the criminalization of Nigerians and other people using Twitter.
The suit also covers the escalating repression of human rights, particularly the rights to freedom of expression, access to information, and media freedom in the country.
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana is representing the plaintiffs while a legal practitioner, Maimuna Shiru is representing the government.
According to the court, interference with Twitter is a violation of human rights and the Nigerian government must take immediate steps to implement the order it has given.
It stressed the need to hear the matter as soon as possible and adjourned until July 6, 2021, for the hearing of the substantive suit.
Falana said that contrary to the assurance credited to the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN that violators of the Twitter would not be prosecuted, the Federal Government filed processes in the ECOWAS Court threatening to prosecute Nigerians using Twitter for violating the suspension under the provisions of the Penal Code relating to sedition.
In the lawsuit, the applicants argued that the suspension of Twitter by the Federal Government and criminalization of Nigerians and others using the social media platform, has escalated repression of human rights and unlawfully restricted the rights of citizens and others to freedom of expression, access to information, and media freedom in the country.
The plaintiffs, in the suit marked ECW/CCJ/APP/23/21, sought an order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria, and subjecting anyone, including media houses and broadcast stations using Twitter in Nigeria to harassment, intimidation, arrest, and criminal prosecution, pending the hearing and determination of the substantive suit.
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