The federal government says the suspension of the operations
of Twitter in Nigeria is not a right recognised under any treaty enforceable by
the ECOWAS court.
The government said this in a preliminary objection on
Tuesday filed to challenge the suit by Socio-Economic Rights and Accountability
Project (SERAP) and 176 concerned Nigerians, over its directive to prosecute
those violating the suspension.
According to the suit which was, however, dismissed, the
government argued that the court lacks the jurisdiction to “determine the criminalisation
of an act under Nigerian laws”.
It said Twitter is a microblogging site, and not “an organisation of any member state”.
“The right to freedom of expression is completely different
from freedom of reach. The suspension of Twitter does not fall under the
provisions of arts 8 and the African Charter on Human and Peoples’ Rights,” it
said.
“The suspension of Twitter in Nigeria is not a right
recognized under any treaty enforceable by this Court.
“In the unlikely event that this Honourable Court agrees
with SERAP that the suspension of Twitter is a fundamental right, the
dissolution or liquidation of twitter as a profit-making entity may as well
open a floodgate and vest the users the rights of a non-existent right.
“Twitter is a profit-making entity which can be
proscribed/dissolved in compliance with any national laws. The compulsory shut
down of an entity cannot be termed the breach of any fundamental rights by this
Honourable Court.
“The suspension of Twitter in Nigeria is in compliance with
the provisions of sections 420, 419 of the Penal Code [Northern Nigeria];
Federal Provisions Act, and section 58 of the Criminal Code Act. The operation
of Twitter is in violation of Nigerian domestic legislation.”
“Ground Two: This Court lacks the jurisdiction to determine
the criminalization of an act under Nigerian laws.
“The subject matter of the SERAP suit borders on the
criminalisation of Twitter operation in Nigeria pursuant to the Penal Code and
the Criminal Code.
“The use and
operation of Twitter in Nigeria constitutes the offences of Importation of
Prohibited publication under sections 420 and 421 or the offence of possession
of seditious articles under section 419 of the Penal Code Federal Provisions
Act.
“In any event there is a right of action vested in the
suspension of Twitter in Nigeria, the said right vests directly on Twitter and
not individual users of Twitter. This is more so that individual user’s Twitter
accounts were not tempered but only the operation of Twitter.”
The government said “Nigerians and SERAP have no cause of
action,” adding that the suspension of Twitter is backed by provisions of the
Company and Allied Matters Act, 2020.
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