SEVERAL reactions have continued to trail the indefinite suspension of Twitter activities in Nigeria by the Federal Government.
On Sunday, the Peoples Democratic Party (PDP) accused the national caucus of the All Progressives Congress (APC) of being behind the suspension by President Muhammadu Buhari’s administration.
In a statement issued by Kola Ologbondiyan, its national publicity secretary, on Sunday, the party said facts available showed how APC leaders at one of the national caucus meetings recommended the regulation of social media in the country and how they have been plotting to obliterate internet-based interaction platforms such as Twitter.
The PDP recalled how the APC caucus has been pushing bills in the National Assembly, particularly in November 2020, seeking to enforce a draconian regulation of social media, “so as to gag Nigerians from exposing the atrocities, including human rights abuses, treasury looting, nepotism and sectional marginalisation by the APC administration.
“Nigerians can also recall how the APC administration, in carrying out the agenda of the party, has been using the Minister of Information and Culture, Lai Mohammed, to suffocate the media space with humongous fines and threats of suspension of operating license on broadcast stations.”
The PDP said it wanted the APC to know that the plot against Nigerians have been exposed and cannot stand.
It added: “Our nation is known for its resilient citizenry and no leader or political party has been able to suppress the wishes of Nigerians.
“The APC, in spite of its machinations, cannot vanquish Nigerians in their determination for a free and democratic nation where sovereignty belongs to the people.”
A group, Concerned Nigerians Group, has taken MTN, Glo, Etisalat and Airtel, Nigeria’s major telecommunications outfits, to court for blocking Nigerians from Twitter. Convener of the group, Deji Adeyanju, while confirming the legal action to Nigerian Tribune by telephone, said the group would take the telecoms giants to court immediately they resume for blocking Nigerians from accessing Twitter. He described the restriction as a breach of the fundamental human rights of Nigerians as enshrined in the constitution.
“Immediately the courts are back, we are going to do it so that we can set a judicial precedent on the matter that telcos have no right to disconnect Twitter from Nigeria. “Section 37 of 1999 Constitution has already placed a responsibility, an obligation on the government to respect the rights of Nigerians to enjoy telecommunications and telegraphic communications as well which Twitter falls within.
“What they (mobile operators) are doing is illegal and we must seek the interpretation of the court on that matter,” Adeyanju said.
Meanwhile, Nigeria has lost over N4.4 billion as the ban on the operations of social networking platform enters day two, UK-based global internet monitor, Netblocks, revealed.
According to the firm, Nigeria is poised to lose much more if the ban is not lifted, noting that the country will lose N90.7 million every hour and more than 2.1 billion every day. The data-focused platform estimated the economic cost of internet disruptions on its cost of shutdown tool platform.
It revealed that the figure was achieved by using the booking institution methods, which relied on development indicators, approximated digital economy extent of 0.05 and classic free app GDP impact technique to arrive at its findings.
Notably, with over 40 million Twitter users in Nigeria blocked from the social networking platform, youths in the country have been finding a way around it by turning to virtual private network (VPN) apps to access the social media platform.
The ban, which comes at a time when the government said it is building a digital economy that would create about three million jobs in the next three years, will negatively affect many Nigerian businesses that depend on Twitter for the advertisement of their products and services. It will also have an adverse effect on the nation’s burgeoning group of influencers, who depend on the medium to push their micro-blogging platforms.
Meanwhile, the Federal Government has ordered that all over-the-top streaming services and social media operations in the country be licensed, an indication that it wants to restrict the use of media and communications services like WhatsApp, Netflix and Facebook that use data provided by internet service providers.
According to Netblocks, if the government also shuts down WhatsApp, Facebook, Instagram, YouTube and Twitter, it will lose N10.9 billion daily.
Also, checks from the platform reveal that a single-day total internet shutdown will cost the country about N48.6 billion in economic value relating to the global digital economy.
Ban diversionary, ill-advised ―Ortom
Benue State governor, Samuel Ortom, on Sunday described the ban on Twitter operations in the country as an ill-advised diversion from the core issues of insecurity and injustice plaguing the nation.
In a statement issued by his Chief Press Secretary, Terver Akase, the governor said the Twitter ban offers no solution to any of the myriad of problems facing the country, adding that the move was only capable of heightening tensions and fuelling suspicions among Nigerians over the real motives of the Federal Government.
Ortom stated that the act of suspending Twitter amounted to suppressing freedom of expression, gagging social media and undermining fundamental human rights of Nigerians. While stating that the development contravened Chapter four of the 1999 Constitution (as amended), Ortom stressed the need for the Federal Government to listen to the views and yearnings of the people to enable it to address the challenges confronting the nation.
He called for the reversal of the ban to reassure the international community that Nigeria has not become a hostile country to investors.
Reps PDP caucus threatens court action
The PDP caucus in the House of Representatives on Sunday threatened legal action against the Federal Government over the Twitter ban.
The caucus, in a statement issued by its leader, Honourable Kingsley Chinda, said the government’s action lacked the backing of the law and would dent the image of Nigeria in the comity of democratic nations.
Honourable Chinda, who argued that the subsequent directive to the National Broadcasting Commission (NBC) to license social media operators in the country is a surreptitious attempt to introduce the unpopular ‘social media bill’ by mere executive fiat, described the present administration’s action as a grave violation of the doctrine of separation of powers and an erosion of the rule of law.
“In the discharge of our foremost duty as custodians of the Constitution and representatives of the Nigerian people, we hereby request the Federal Government to immediately reverse the decision to suspend the access of Nigerian citizens to Twitter.
“We also call on the Federal Ministry of Information and Culture to immediately rescind its directive to the NBC to begin the licensing of social media operators in the country, having regard to the absence of any enabling legislative framework for such directive.
“We hereby give you notice that in the event of the failure, refusal and or neglect of the Federal Government to withdraw, reverse and/ or cease the implementation of these oppressive and unconstitutional actions, we shall be constrained to institute legal proceedings at the appropriate judicial venue within the shortest possible time,” he said.
SERAP asks Commonwealth to sanction Nigeria
Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal to Honourable Patricia Scotland QC, Secretary-General of the Commonwealth, urging her to “apply the Commonwealth Charter to hold the Nigerian government to account over the unlawful suspension of Twitter in Nigeria, and the resulting repression of human rights particularly the rights to freedom of expression, access to information and media freedom, as well as flagrant dis- regard for the rule of law.”
The organisation asked Ms Scotland to “urgently consider recommending the suspension of Nigeria from the Commonwealth to the Heads of Government, the Commonwealth Chair-in-of- fice, and Her Majesty Queen Elizabeth II, as Head of the Commonwealth, to push the government to take concrete measures to respect and promote the Commonwealth’s values of human rights, transparency, accountability and the rule of law.”
In the Urgent Appeal dated June 5, 2021 and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said: “The Nigerian government has repeatedly demonstrated that it is not committed to protecting human rights. The Commonwealth should take a clear stand to ensure accountability of institutions, freedom of expression and access to information in Nigeria.”
SERAP said: “Nigerians can only freely participate in the democratic processes and shape the society in which they live if these fundamental human rights are fully and effectively respected, protected and promoted.”
The urgent appeal was copied to Mr António Guterres, Secretary-General of the United Nations and Ms Michelle Bachelet, United Nations High Commissioner for Human Rights.
Malami’s directive anachronistic in a democratic society -Ajulo
The directive given by the Attorney-General of the Federation, Abubakar Malami, directing that Nigerians that use other mobile applications to access the Twitter App should be prosecuted has been described as anachronistic in a democratic society, where rule of law ought to be the guiding compass. Legal counsel and human rights activist, Kayode Ajulo, made this known on Sunday, stressing that the directive issued for the prosecution of violators of the ban onTwitter blog in Nigeria runs contrary to the letters and the spirit of the Constitution.
According to him, Malami’s statement is inchoate as the position of law is clear and unambiguous, adding that “without prejudice to the rationale for the ban of the blogging site, it must be noted that the Nigerian democracy is a constitutional democracy based on the rule of law. Where the rule of law reigns, political expediency ought to be sacrificed on the altar of the rule of law so as to guarantee the continued existence of democratic institutions fashioned to promote social values of liberty, orderly conduct and development.”
The former board chairman of Ondo State Radiovision Corporation added further that the constitution of a nation is the fons et origo, not only of the jurisprudence but also of the legal system of the nation and it is the beginning and the end of the legal system.
“For the sake of emphasis and for the avoidance of doubt, Section 36 (12) provides as follows: Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty, therefore, is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of law.
“While I am wary to believe that the statement credited to Abubakar Malami is, with respect, inchoate as the position of law is clear and unambiguous and whatever directive issued for the prosecution of violators of the ban of Twitter blog in Nigeria runs contrary to the Letters and the spirit of the Constitution and same anachronistic in a democratic society where rule of law ought to be the guiding compass,” he said.
Twitter ban, official rascality taken too far — CTA
A civil society, Centre for Transparency Advocacy (CTA), has described the decision to axe Twitter as official rascality taken too far. Chairman, Steering Committee, CTA, Dr Chima Amadi, said this in a statement at the weekend.
Dr Amadi said the proclamation was another act of desperation in the administration’s onslaught on free speech and determination to undermine the civil space and trample on constitutionally guaranteed rights of citizens.
“To be clear, there is no provision in the nation’s constitution that gives the administration such powers to stifle free speech and to prosecute citizens for exercising same. The last time this was experienced was in 1983 with the ill-fated Decree 2 enacted by the military junta headed by the same Buhari.
“It is interesting to note that the administration would rather worry about the action of a private company on its warped messaging than checking the slide into anarchy that the insecurity in the land is portending.
“This action is not only an irresponsible display of official rascality but stands condemned. The administration ought to know that development can only be engendered when citizens enjoy their constitutional freedoms without fear of sanctions,” Dr Amadi said.
Malami’s prosecution orders illegal, unconstitutional – Lawyer
A human rights lawyer, Adeola Oyinlade, has declared as illegal and unconstitutional, the directive of Malami, ordering the Director of Public Prosecution to begin immediate prosecution of those who violate the Federal Government’s order suspending Twitter operations in Nigeria. Oyinlade, in his reaction to the directive, stated that it is unconstitutional as the executive order banning the operation of Twitter in Nigeria cannot override the 1999 Constitution of the Federal Republic of Nigeria, as amended. The lawyer said the arrest and prosecution of Nigerian citizens for using Twitter contravenes the grundnom which is the constitution of the Federal Republic of Nigeria.
“The purported order if not quickly reversed, will lead to arrest of citizens who cannot be arraigned within the timeframe stipulated by the constitution in breach of their fundamental human rights at a time our courts are still under locks and keys, due to the ongoing strike embarked upon by judicial workers across the country,” he stated.
According to him, the constitution is supreme to the extent that any other law that contravenes its provisions shall be declared null and void to the extent of its inconsistency.
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