A Federal High Court in Lagos has fixed October 4 to hear a suit by the Nigerian Bar Association (NBA) challenging the legality of the Federal Government’s suspension of the operations of micro blogging and social media website, Twitter.
The Incorporated Trustees of the NBA filed the suit numbered FHC/L/CS/613/202 on June 18, following the government’s June 4 threat to prosecute Nigerians who defy the directive by continuing to use Twitter.
President Muhammadu Buhari; the Attorney-General of the Federation and Minister of Justice, Abubakar Malami; the Minister of Information and Culture, Lai Mohammed; and the Nigerian Communications Commission (NCC); are first to fourth defendants, respectively.
The NBA, via its seven-member legal team led by Dr Charles Mekwunye, is seeking 11 reliefs.
They include, among others, a declaration that the ban or suspension of the microblogging site is unlawful and a declaration that any prosecution of users of the site will be unconstitutional.
It is also seeking a declaration that the ban affects the business, employment and economic activities of lawyers and Nigerians generally and an order mandating all mobile network and internet service providers to unblock the use of the microblogging and social media site.
The Chairman of the NBA Section on Public Interest and Development Law (NBA/SPIDEL), Monday Ubani, has a similar suit at the Federal High Court in Lagos.
So does the Socio-Economic Rights and Accountability Project (SERAP) at the Federal High Court in Abuja; and 176 other Nigerians and SERAP at the ECOWAS Court of Justice.
Last Friday, the Federal Government told the Federal High Court in Lagos that it had not stopped Nigerians from using Twitter.
The government and Attorney-General of the Federation, Abubakar Malami stated this in a counter-affidavit deposed to in response to an originating motion filed by human rights lawyer, Inibehe Effiong, challenging the suspension.
In the affidavit deposed to by Mr Ilop Lawrence on behalf of the Federal Government, Malami said the suspension of Twitter was not an abuse of human rights because Nigerians were still using social media platform.
It read in part, “The applicant (Effiong) and the class he seeks to represent can still operate those Twitter accounts from anywhere in the world and even from Nigeria. Nigerians are still tweeting, even at this moment as the ban on Twitter is not aimed at intimidating Nigerians or an infringement on the rights of Nigerians to express their opinion.
“The respondents (Federal Government and AGF) have never stopped the applicant (Effiong) and the class of persons he seeks to represent from voicing their opinions to access government information and offer criticism where necessary.”
Nigeria suspended Twitter after the social media platform pulled down a tweet by Buhari on the ground that it violated its rules.
A few days after restricting citizens’ access to Twitter, the National Broadcasting Commission (NBC) also directed all broadcast outfits to “suspend the patronage of Twitter immediately”, labelling the platform as “unpatriotic”.
The legality of the government’s move has been widely questioned and stakeholders in the civic space have moved to challenge the controversial decision, which has sparked national outrage and attracted international criticism for weeks.

Five oil thieves have been convicted and sentenced to different jail terms by three Judges of the Federal High Court sitting in Port Harcourt, Rivers State.
The convicts are: Noel Akpan; Digie Global Marine Services; MT Europort, MV Sea Rich and Obinna Onyeneho Kenneth.
They were all convicted for illegal dealing in petroleum products.
While Noel Akpan, Digie Global Marine Services and a vessel, MT Europoort were convicted and sentenced to two years imprisonment each by Justice S. Pam on July 22, 2021, Justice P. M. Ayuba convicted and sentenced a vessel, MV Sea Rich to three years imprisonment on July 16, 2021 while Justice E.A. Obile convicted and sentenced Obinna Onyeneho Kenneth to three years imprisonment on June 30, 2021.
The trio of Akpan, Global Marine Services and Europort were originally arraigned by the Port Harcourt Zonal Office of the Economic and Financial Crimes Commission (EFCC), on June 6, 2017, and pleaded “not guilty” to three-count charges bordering on conspiracy and illegal dealing in petroleum products.
They later changed their pleas to “guilty” on July 22, 2021.
One of the charges against them read, “That you Noel Akpan (a.k.a. Ughaeze Chibuzo Valentine) and others at large on about the 2nd day of June, 2015, around Forupa Waterways, Bayelsa State within the jurisdiction of this Honourable Court did conspire to commit felony, to wit: adulteration of 1,500 metric tonnes of Automotive Gas Oil (AGO) loaded into M.T. Europort and thereby committed an offence contrary to Section 3 (6) of Miscellaneous Act CAP 10 M17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under 1 (18) if the same Act”
Another count read: “That you Noel Akpan, a.k.a. Ughaeze Chibuzo Valentine, Digie Global Marine Services Ltd, and others now at large, on or about the 2nd day of June, 2015, around Forupa Waterways, Bayelsa State within the Jurisdiction of this Honourable Court engaged in adulteration of 1,500 metric tons of Automotive Gas Oil, (AGO) loaded into MT Europort and thereby committed an offence contrary to Section 1 (18) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under Section 1 (18) of the Act”
Based on their pleas of “guilty”, prosecution counsel, F.O. Amama prayed the court to convict and sentence them accordingly.
Defense counsel, C.J. Nmerem did not oppose the prayer of the prosecution.
Justice Pam convicted and sentenced Akpan to two years imprisonment with an option of fine of N1million which is to run concurrently.
He convicted Digie Marine Global Services and MT Europort to a fine of N1million and N3million, respectively.
The fines are to be paid into the Consolidated Revenue Account of the Federal Government.
The judge also ordered that the product on board MT Europort be sold by the Chief Registrar of the Court and the proceeds paid also into the Consolidated Revenue Account of the Federal Government and evidence of payment filed in court.
Akpan’s journey to the Correctional Centre began when he was arrested by a patrol team of the Joint Task Force, JTF (Operation PULO Shield) at Forupa waterways in Bayelsa State on board MT Europort loaded with about 1,500 metric tonnes of suspected illegally refined Automotive Gas Oil (AGO).
He was handed over to the EFCC alongside the vessel and his company: Digie Global Marine Services.
In another court, Justice P.M. Ayuba convicted and sentenced MV Sea Rich to three years imprisonment.
The vessel was arraigned on one-count charge bordering on illegal dealing in petroleum products.
The charge read, “That you MV SEA RICH on or about the first April, 2017 around El-Totuama Boat Yard Waterside in Port Harcourt, Rivers State within the jurisdiction of this honourable court dealt in petroleum products to wit: Automotive Gas Oil (AGO) which was not of quality expected of such product and thereby committed an offence contrary to and punishable under Section 1 (18) (a) (ii) of the Miscellaneous Offences Act, CAP M17 Laws of the Federation of Nigeria, 2004”.
The vessel, represented by Sebastine Godwin, pleaded “guilty” to the lone charge preferred against it.
In view of the plea of “guilty” by the defendant, prosecuting Counsel F. C. Obinwa, prayed the court to convict and sentence the defendant accordingly.
Counsel to the defendant, James Allen prayed the court to temper justice with mercy, stressing that “he is a first- time offender and has no previous criminal records”.
Justice Ayuba convicted and sentenced the vessel to three years in Correctional Service with an option of fine of N1million payable into the Federal Government’s Account.
Troubles came for MV Sea Rich when it was intercepted by the patrol team of Sector 3, Joint Task Force, Operation Delta Safe, Okirika, Rivers State, on April 1, 2017, loaded with a large quantity of substance suspected to be illegally refined Automotive Gas Oil, AGO.
The captain and crew members vanished into thin air, leaving behind the vessel.
In the matter of Obinna Onyeneho Kenneth, Justice E.A Obile convicted and sentenced him to three years imprisonment on one-count charge bordering on illegal dealing in petroleum product.
The one count charge read, “That you Obinna Onyeneho Kenneth on or about the 11th September, 2019, around Borikiri, Port Harcourt, Rivers State, within the jurisdiction of this honourable court did deal in petroleum product, which is not of good quality and being transported in a vehicle with a registration number HAF 841 TY, and thereby committed an offence contrary Section 1 (18) (a) (i) of the Miscellaneous Offences Act M17 of the Revised Edition (Laws of the Federation of Nigeria) Act 2007, and punishable under Section 1 (18) (a) (of the same Act).
In view of his plea, prosecution counsel, K.W. Chukwuma-Eneh prayed the court to convict and sentence the defendant accordingly.
Justice Obile found him guilty as charged and consequently convicted and sentenced him to three years imprisonment with an option of fine of N500,000.00).

As the Sunday Igboho saga continues to drag on, the Benin Republic Government has slammed fresh charges against the wanted Yoruba nation agitator.
One of Sunday Igboho’s lawyers, Ibrahim Salami, told BBC Yoruba that the legal team was expecting extradition charges from the Nigerian Government against the activist.
Salami said Igboho was further remanded to allow police to conduct a thorough investigation into the charges, which included illegal migration, dubious connivance with immigration officers and an attempt to cause civil unrest.
“First, the judge wanted to know how Sunday Igboho entered into the Benin Republic through an illegal means. They also want to investigate how Sunday Igboho conspired with others to enter Benin Republic through wrong means.
“They want to know how long he has been in Benin Republic and his plans in the country. They also raised a charge on whether he wants to come and cause unrest or social disturbance in Benin Republic,” the lawyer said in an interview with BBC Yoruba.