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SERAP Sues Buhari Over Plan To Monitor WhatsApp Calls, Messages
Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari, asking the court to declare illegal and unconstitutional the plan by the administration to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people.
Joined in the suit as Respondents are the Minister of Justice and Attorney General of the Federation, Abubakar Malami, SAN; and the Minister of Finance, Budget and National Planning, Zainab Ahmed.
SERAP stressed that any form of monitoring calls, messages severely threatens and violates the right to the preservation of privacy.
The suit followed the proposal in the Supplementary Appropriation Act signed in July, 2021, to spend N4.87billion to monitor private calls and messages.
The amount is part of the N895.8billion supplementary budget approved by the National Assembly.
In the suit filed, last Friday, at the Federal High Court in Abuja, SERAP is seeking: “an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare; and Kehinde Oyewumi; is also seeking “a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 (as amended); Article 9 of the African Charter on Human and Peoples’ Rights; and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.”
SERAP maintained that; “The plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life, the home, and correspondence. It also fails to meet the requirements of legality, necessity, and proportionality.
“The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people.
“The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.
“Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not.
“The powers to conduct arbitrary, abusive or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities.
“Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy.
“The lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognized human rights.
“Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data.
“Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.”
“The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199).”
Meanwhile, no date has been fixed for the hearing of the suit.
News
Soyinka Demands Accountability Over Extra-Judicial Killings
Soyinka stressed that accountability and civic courage remain essential to rebuilding public confidence in the nation’s institutions.
He made the call during the 28th Wole Soyinka Lecture held in Port Harcourt, last Friday as part of activities marking his 92nd birthday.
The lecture, themed “Reclaiming the Nigerian State through Accountability, Justice and Civic Courage,” drew participants from different sectors of society.
The renowned playwright and human rights advocate said the country’s greatest tragedy was not only the unlawful killings carried out by state and non-state actors, but also the silence that often follows such incidents, allowing perpetrators to evade justice.
According to him, indifference by citizens to abuses of power and violations of fundamental human rights has contributed to the persistence of extrajudicial killings and other forms of injustice across the country.
Soyinka said he dedicated this year’s lecture to victims of unlawful killings, noting that the event was intended to honour individuals who had lost their lives as a result of failures within the justice system and society’s inability to protect the sanctity of human life.
He stressed that the lecture was dedicated to what he described as the basic unit of every society – the human being, and urged Nigerians to place greater value on human dignity irrespective of ethnicity, religion or social status.
The Nobel Laureate recalled several incidents of violence, including the fatal shooting and killing of a young man in Ugheli in Delta State by a police officer, and the mob killing of Deborah Yakubu in Sokoto State sometime ago, lamenting that many of those responsible are yet to face justice.
He expressed concern that some perpetrators of violent crimes had openly admitted their actions without fear of prosecution, describing such situations as evidence of serious failures within the nation’s justice system.
Soyinka maintained that when justice is delayed or denied, public confidence in state institutions continues to erode, thereby encouraging further violations of human rights.
Responding to critics who accuse him of promoting religious or ethnic divisions whenever he spoke on such issues, Soyinka dismissed the allegations and pointed out that his advocacy has always centred on the protection of human life and the rule of law.
He urged Nigerians to remain vigilant and continue demanding justice in cases of alleged extrajudicial killings, including the recent shooting of a young man by a police officer, stressing that every life deserves equal protection under the law.
The literary icon also recalled an earlier pledge by a past incoming president to make public the files relating to unresolved assassinations and extrajudicial killings, questioning the status of the promised investigations.
He challenged citizens to continue asking questions about unresolved cases, insisting that justice, accountability and respect for human dignity are indispensable to building a peaceful, democratic and inclusive Nigerian society.
News
FAAN Backtracks, Says No Fire Incident At Lagos Airport’s Terminal 2
Earlier yesterday, FAAN had announced that a fire incident had occurred at Terminal 2 of the nation’s busiest airport, and assured that its Aerodrome Rescue and Firefighting Service had been deployed to contain the situation.
There were also reports that activities were briefly disrupted at the airport yesterday after smoke was seen inside parts of the terminal.
Videos circulating online showed passengers kept standing outside the terminal while firefighters responded to the incident.
However, in an update issued less than two hours later by the Director of Public Affairs and Consumer Protection, Henry Agbebire, and posted on FAAN’s official X handle, the authority said preliminary findings showed that the smoke seen at the terminal was caused by the discharge of the facility’s FM-200 fire suppression system.
“Further to our earlier advisory regarding the incident at Terminal 2 of the Murtala Muhammed International Airport, Lagos, the Federal Airports Authority of Nigeria (FAAN) wishes to provide the following update,” the statement read.
“Preliminary findings indicate that there was no fire at the terminal. The smoke observed within the affected area resulted from the discharge of the terminal’s FM-200 fire suppression system. The reason for the activation of the fire suppression system is currently being investigated,” FAAN stated.
The authority said normal operations had resumed at the terminal while investigations were ongoing to determine the cause of the incident.
“Normal operations have since resumed at the terminal, while detailed investigations are ongoing to determine the exact cause of the incident,” the statement added.
The authority thanked passengers, airlines, airport users and other stakeholders for their understanding and cooperation.
FAAN appreciated the understanding and cooperation of passengers, airlines, airport users and all stakeholders, and reiterated its commitment to the safety and security of all airport operations.
News
RSMDC Not Established For Revenue Generation – Chief Judge
Justice Chibuzor-Amadi stated this during the opening of the second five-day Statewide Settlement Week organised by the Rivers State Multi-Door Courthouse in Port Harcourt, last Friday.
He assured that subsequent settlement weeks would no longer be held during the annual court vacation to enable judges and legal practitioners participate fully in the exercise.
According to him, a committee has been constituted to review existing procedures with a view to encouraging more litigants to embrace the Multi-Door Courthouse instead of resorting to litigation in the High Court and Magistrates’ Courts.
The Chief Judge explained that the Alternative Dispute Resolution (ADR) mechanism provides disputing parties with a faster, less expensive and more amicable means of resolving conflicts, thereby reducing delays associated with conventional court proceedings.
He commended the Director and staff of the Rivers State Multi-Door Courthouse for sustaining the annual Settlement Week initiative and improving access to justice in the state.
He also charged volunteer mediators to uphold the principles of independence, integrity, competence, fairness, equality and impartiality in the discharge of their responsibilities.
Earlier, the Director of the Rivers State Multi-Door Courthouse, Mr Victor Nweke, highlighted the institution’s achievements, particularly its role in decongesting the High Court and Magistrates’ Courts through Alternative Dispute Resolution.
Nweke commended the Chief Judge for his leadership and support, which he said had strengthened the operations of the Multi-Door Courthouse and expanded access to justice in Rivers State.
He also praised the volunteer neutrals for their commitment to the success of the Settlement Week and the promotion of efficient justice delivery.
In his goodwill message, retired Justice Adolphus Enebeli attributed the achievements of the Rivers State Multi-Door Courthouse to the leadership and support of Justice Chibuzor-Amadi, urging stakeholders to remain committed to the ideals of Alternative Dispute Resolution.
By: King Onunwor
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