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.
Dislodge Illegal Oil Refinery Operators, Wike Tasks Monarchs
Wike gave the charge at a meeting he held with traditional rulers in the state at the Banquet Hall of Government House, Port Harcourt, last Friday.
The meeting was also attended by heads of security agencies and chairmen of the 23local government areas of the state.
Wike told the traditional rulers that those involved in illegal oil refining activities were sabotaging the economy.
He regretted that the Federal Government, which controls the oil industry and the security agencies, has been indifferent to the soot pandemic and the damage it was inflicting on the health of the residents of Rivers State.
“I should think that the way Federal Government intends to fight insurgency is the way they should fight illegal oil bunkering, because it is sabotage on the national economy. Very big sabotage! It affects our own revenue.
“If we are supposed to produce two million barrels, for example, we are now producing 1.2million. And that 1.2million barrels, it affects Rivers State because we are not producing up to the volume we are supposed to produce, and then, we cannot get the money to do whatever you want us to do.”
The governor also said that illegal oil refining activities constitute environmental hazard capable of causing cancer-related illnesses in the state.
According to him, his primary concern was to ensure that the health of residents of the state was not jeopardised.
“It is the responsibility of the Federal Government to see how this thing can be stopped. As I speak to you, nobody has called me from the Federal Government to say how they can support us. But that is not my business. My business is the health of my people. I will not because the Federal Government is not interested to stop it, therefore, my people should die. If everybody dies, who are you going to govern?”
The governor, therefore, urged the traditional rulers not to be less concerned about the activities of illegal oil refinery operators, but to frantically mobilise members of their Community Development Committees (CDCs) and the leadership of their youth groups to work in synergy to dislodge them from their domains.
Wike berated the Nigerian Police for being complicit in the criminal act of illegal oil bunkering, which is why they were not committed to the fight to stop the illicit business.
He also described as embarrassing how officers of the Nigerian Security and Civil Defence Corps (NSCDC) have continued to be complicit in the act and shamelessly involved in sabotaging the national economy.
“I don’t know how I can be a security officer sent to a place to protect people, to protect whatsoever belongs to the Federal Government, at the same time, I’m involved in sabotaging the national economy. I don’t understand how I can wear uniform and be involved in that. If they do not want to support us, we have no choice but to expose all the atrocities that are going on in this state.”
Wike said he recently received intelligence that an Army Major was providing exit services to illegally refined petroleum products, and had to send security personnel to thwart it.
“In fact, I had to send my special security to go and intercept a major who was trying to escort some of these illegal products.”
The governor declared that his administration would not hesitate to expose any security personnel involved in such illegal oil refining activities.
Wike frowned at the inability of the Nigeria Police to arrest Chief W. J. Wocha; Fubara Ohaka; and other members of the illegal bunkering cartel operating at Ibaa community in Emohua Local Government Area.
He said the names of all indicted persons would be published soon and they would be declared wanted.
Rivers Rating In Ease Of Doing Business Rises -Banigo
Banigo stated this at the Port Harcourt International Airport, Omagwa, last Thursday, shortly after her arrival from Abuja, where she represented the State Chief Executive, Chief Nyesom Wike at the Nigerian Governors’ Forum and the National Economic Council meeting.
Banigo disclosed that the factors, which determine this survey, include infrastructure, security and healthcare.
“With the 10 flyovers the governor was constructing in Rivers State, and of course, with all the other infrastructure in health, education; and the monumental improvement in security as well as the clearing of the hideouts of criminals, obviously gave us a head way in doing very well in this baseline survey”, the deputy governor further stressed.
According to the public health physician, the response of the state to the COVID-19 pandemic, under the watch of the governor as the incident manager, has been tremendous in terms of healthcare delivery.
“I want to encourage the citizens of the state to maintain the non-pharmaceutical measures like the correct wearing of face masks, regular washing of hands with soap and running water for, at least, 20 seconds, social distancing, coughing and sneezing into one’s elbow as well as the improvement of personal and environmental hygiene. I also want to encourage Rivers people that vaccination actually reduces the mortality and morbidity that arises from COVID-19″, Banigo said.
Ex-Agitators Beg Firms To Return To N’Delta
The former warlords also called on interventionist agencies to work together to sustain the peace and ensure development of the region.
They spoke in Yenagoa, the Bayelsa State capital, during a regional peace summit to sensitize people on the need to advance the peace currently enjoyed in the region.
The ex-agitators also condemned proliferation of illegal refineries and lamented its adverse effects on development.
One of the participants at the summit and ex-freedom fighter, Pastor Nature Dumale Kieghe said as ex-agitators, who keyed into the vision of the Interim Administrator, Presidential Amnesty Programme, Col. Milland Dixon Dikio (rtd), they have resolved to work for a new and better Niger Delta.
“It is important to sensitize our people towards a peaceful Niger Delta and create a friendly environment that will attract development, Multinational companies and other foreign investors to the region.
“We, who once carried guns, are now here to preach the message of peace to our people in the region. Peace is the only way we can have the developed environment that we dream of. Peace is the only way to attract the multinationals, investors and also be gainfully employed,” he said.
According to Nature, peace remained a vital tool to attract investors to the region which would in turn create business and job opportunities for the people.
“Companies that have left the Niger Delta because of insecurity need to return, this is the purpose for sensitization. We are blessed with an environment that is supposed to prosper us, we can only enjoy our natural resources if there is a peaceful environment, “ he added.
Nature pointed out that a major setback to the development of the Niger Delta was the absence of proper coordination among key stakeholders.
He said with the right synergy, the Ministry of Niger Delta Affairs, the Niger Delta Development Commission (NDDC), Ministry of Environment, Ministry of Petroleum Resources, the Presidential Amnesty office, could hasten the needed development of the region.
On illegal oil refinery, Nature explained that beyond hampering the development of the region, illegal refining of petroleum products was life threatening and dangerous to the ecosystem.
The sensitization programme commenced in Bayelsa state with 150 Niger Delta youths in attendance and would be held across the nine states of the region to create adequate awareness.
Business3 days ago
CBN Opens N500,000 Grants Portal For Graduates, Undergraduates
Politics3 days ago
Senate Agrees With Buhari On Direct Primaries
Business3 days ago
PenCom Completes Review Of Pension Reform Act 2014
Women3 days ago
Looking Trendy In African Prints
Business3 days ago
Economic Growth, Determining Factor For Policies In 2023 – Stockbrokers
Business3 days ago
Speed Up Resolutions On Tax Disputes, FIRS Urges Tribunals
Niger Delta3 days ago
Police, Civil Defence Clash Over ‘Illegal Oil Bunkering Site’ In Rivers
Politics3 days ago
PDP Has Capacity To Rescue Nigeria – Akawor