News
Twitter Ban: SERAP Loses To FG In Court
A Federal High Court, Abuja, yesterday, dismissed a suit filed against the Federal Government for directing television and radio stations to delete their Twitter accounts.
In a judgment, Justice Obiora Egwuatu, dismissed the suit for lacking in merit, and awarded the sum of N100, 000 against the plaintiff.
The Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) had, in June, filed a fundamental rights enforcement suit marked: FHC/ABJ/CS/496/21, against three defendants.
In the suit, SERAP had sued the National Broadcasting Commission (NBC), the Director-General of NBC, and the Minister of Information and Culture as 1st to 3rd defendants, respectively.
The suit followed the order by NBC, asking all broadcast outfits to immediately suspend patronage of the social media giant after it was banned for violating Nigerian laws.
The group had sought an order of perpetual injunction restraining the Federal Government and the regulator from “censoring, regulating, licensing and controlling the social media operations and contents by broadcast stations and activities of social media service providers in Nigeria.”
It also sought an order setting aside the directive asking broadcast stations to stop using Twitter, as being “unconstitutional, unlawful, inconsistent and incompatible with the Nigerian Constitution of 1999 (as amended), and the country’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”
SERAP stated further that the court had an important role to play in the protection and preservation of the rule of law to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.
It argued that the directive amounted to a fundamental breach of the principle of legality, the rights to freedom of expression, access to information, and media freedom, and incompatible with the country’s international human rights obligations, among others.
In their preliminary objections, the 1st and 2nd defendants, urged the court to dismiss the suit.
They argued that the directive did not in any way affect the plaintiff.
They further averred that the action was taken in the interest of the country’s national security, economy, and unity, adding that the suit was filed in bad faith.
The defendants told the court that apart from Twitter, there are other social media platforms through which the plaintiff could access information and interact like Facebook, etc.
Also in his argument, the Minister of Information, Lai Mohammed, through his lawyer, Nelson Orji, said the Federal Government operates within the ambit of the law and would not do anything to undermine it.
He said that the operation of Twitter, an American microblogging and social media outfit, within the Nigerian cyberspace required it to operate within the confines of the laws.
He told the court that the company was not registered as a company in Nigeria as required by the law.
According to Orji, by the provisions of the Companies and Allied Matters Act (CAMA), foreign businesses wishing to carry on business in Nigeria are required to be registered by the Corporate Affairs Commission as a Nigerian company.
The lawyer argued that Twitter, as a company operating in the country, had not been paying taxes as required by the law.
He told the court that what the government had done was to suspend its operation of business activities pending its willingness to operate within the Nigerian laws.
Orji also stated that apart from Twitter, there are other microblogging social media outfits like Facebook, WhatsApp, etc, that are still operating within Nigeria which Nigerians are still using to disseminate information unhindered.
He added that Twitter was suspended because its activities became a threat to the country’s national security and the welfare of its people.
“The primary role of government as provided for by the constitution of the Federal Republic of Nigeria 1999 (as amended) is security and welfare of the people,” Orji had told the court.
He argued that the ban on Twitter for violating the law did not affect the rights of SERAP.
Delivering the judgment, Justice Obiora Egwuatu held that the fundamental rights of the plaintiff had not been breached because the freedom of expression provided for under Section 39 of the 1999 Constitution (as amended) is not absolute.
He stated that the section is limited under Section 45(1) which deals with the issues of defense, public safety, public health, public morality, etc.
The judge held that the media houses, under which SERAP had filed the suit, did not complain about the ban, hence, the plaintiff cannot cry more than the bereaved.
He also agreed with the defendants that there are other microblogging platforms through which the plaintiff could express information like Facebook and others.
Egwuatu held that when national security is threatened, the issues of fundamental human rights take second stage.
He said besides, that Twitter was not a registered company in the country as required by the laws.
Egwuatu, who dismissed the suit for lacking in merit, awarded a cost of N100, 000 in favour of the defendants.
Socio-Economic Rights and Accountability Project (SERAP) has asked the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, to publish the reports of parties’ accounts and balance sheets.
The body also wants details of the guidelines and steps being taken to prevent vote buying in the forthcoming elections and to prosecute vote buyers and other electoral offenders.
In a letter, yesterday, SERAP Deputy Director, Kolawole Oluwadare, noted that citizens have the right to know about the accounts and financial transactions of parties.
He said transparency and accountability would curb the influence of money in politics, promote a level playing field, and remove the risks to the independence of political actors and would-be public office holders.
The organisation insisted it is both immoral and illegal to pay citizens to vote for a particular political party or standard-bearer.
“Unpunished cases of vote buying would continue to undermine good governance, the rule of law, moral values, as well as hinder citizens’ participation in elections”, it said.
SERAP told INEC that when candidates buy votes, there are possibilities that they will disregard for democratic rules.
“Vote buying and related electoral offences encourage poor governance and weaken citizens’ capacity to hold their elected officials accountable for their actions.”
SERAP charged the electoral umpire to collaborate with anti-corruption agencies to ensure the effective prosecution of any outstanding cases of vote buying and related electoral offences.
The letter urged INEC to act within 14 days or face legal actions that would compel it to comply with the request.
The Rivers State Government has said it was committed to engaging youths positively and empowering them.
The State Chief Executive, Chief Nyesom Wike, stated this during the opening ceremony of the Uplifting African Youth Through Basketball Programme in Port Harcourt, last Friday.
Represented by his Deputy, Dr. Ipalibo Harry Banigo, Wike said the issues of youths and young adults were very important to his administration, while expressing delight that youths were being built up with critical life skills in sports, communication, and entrepreneurial leadership skills needed for Rivers State, Nigeria, and Africa.
“This administration is very interested in youth engagements, we want to make sure that our youths are very inclusive, participate, play their roles, and be well mentored and well-motivated to be able to fulfill all of their potentials in life, educationally, in sports, morally and so we are here to support”, the governor stressed.
The governor expressed gratitude to the leader of the Organised Basketball Network (OBN) and his team, for their efforts and the support of the US Consulate, while urging them to visit the Real Madrid Football Academy in Port Harcourt, to appreciate the efforts of the state government in the area of youth engagement.
The youth friendly governor, said “I want to encourage our youths that as you walk together in the next two days, you would learn how to be tolerant with one another and to know that gender based violence is totally not acceptable and that it is inhumane, I know it is just two days, but a lot can be achieved that can be life time impactful”.
In her remarks, the United States Consulate’s Deputy Public Affairs Officer, Jennifer Foltz said the United States and Nigeria have very special and close relationship, adding that the Consulate feels this was the right time to do a sports programme.
“Sports diplomacy is part of what we do, it is part of some ways we build stronger relationships between our two countries, sports brings people together, and even if you do not speak the same language you can still play sports together”, Foltz stressed.
Earlier, the leader of the Organised Basketball Network, Obinna Ekezie said OBN was a platform founded for the development of grassroots basketball in Nigeria and Africa with a mission to develop the next generation of world-class African student athletes and consistently create opportunities to help them advance their careers overseas, through basketball scholarship.
He said the project uplifting African youths was a project to provide inclusion and opportunities for under privileged talented African youths to learn important life skills through basketball.
Candidates for the House of Representatives and House of Assembly have emerged following the conduct of primaries by the Peoples Democratic Party (PDP) in Rivers State, yesterday.
According to the official results, Solomon Bob emerged the party’s candidate for Abua/Odual/Ahoada East Federal Constituency while Victor Obuzor emerged the candidate for Ahoada West/Ogba/Egbema Federal Constituency.
Also, Awaji Inombek Abiante won the ticket for Andoni/Opobo Federal Constituency, just as Boma Goodhead returned elected for the Asari-Toru/Akuku-Toru Federal Constituency while Cyril Godwin Hart won Degema/Bonny Federal Constituency ticket.
The results further show that Felix Nwaeke emerged the candidate of the PDP for Eleme/Tai/Oyigbo Federal Constituency, with Boniface Emerengwa emerging winner for Ikwerre/Emohua Federal Constituency.
In the same vein, Kelechi Nwogu cruised to victory as the candidate for Etche/Omuma Federal Constituency while Dumnamene Dekor won Khana/Gokana Federal Constituency ticket.
Similarly, Kingsley Ogundu Chinda emerged the House of Representatives candidate for Obio/Akpor Federal Constituency, while Alabo Victor Tamunomiekaye won Okrika/Ogu/Bolo Federal Constituency ticket.
Chima Boms won Port Harcourt Federal Constituency 2 while Barrister Blessing Amadi is the winner of the primary election for Port HarcourtFederal Constituency 1.
For the Rivers State House of Assembly primary, Hon Dominic Iderima picked the ticket for Abua/Odual, Mrs Queen Williams picked the ticket for Ahoada East 1,Rt Hon Ehe Edison emerged the candidate for Ahoada East 2, while Hon Sokari Goodboy Sokari cruised to victory for Ahoada West.
Hon Major Jack won the ticket for Akuku-Toru 1, Hon Opuende Lolo Isaiah is the candidate for Akuku-Toru 2, Hon Ofiks Kabangs Christopher grabbed the ticket to represent Andoni, whileHon Tekena Wellington Granville got the ticket for Asari-Toru 1.
Also, a serving member, Enemi Alabo George easily won the ticket for Asari-Toru 2, just as Hon Victor Oko Jumbo got the nod to represent Bonny, while Hon Abbey Peter emerged the candidate for Degema.
Hon Igwe Obey Aforji emerged the PDP candidate for Eleme, Emohua will be represented by Mrs Justina Emeji, Hon Onwuka Ignatiuswon the ticket to represent Etche 1, while Hon Chimezie Nwankwor is the candidate for Etche 2.
The present member representing Gokana, Hon Dumle Maol, will retain his ticket for the seat, Prince Lemchi Nyeche emerged the candidate for Ikwerre 1, Mrs Barile Nwakoh won the ticket for Khana1, while Barrister Dinebari Loolo got the ticket for Khana 2.
In Obio/Akpor1, Hon Amaewhule Martin Chike was returned, just as Mrs Emilia Lucky Amadi emerged the candidate for Obio/Akpor 2, and Frankline Nwabochi will fly PDP flag for Ogba/Egbema/Ndoni1.
In the same token, Mrs Nkemuika Ezekwe will fight for Ogba/Egbema/Ndoni2 seat on the platform of the PDP, Davids Arnold Okobiriari won the ticket for Ogu/Bolo, a serving member, Somiari Steward Linda will return in Okrika, while Nwankwo Sylvanus emerged for Omuma seat.
Orubienimigha Adolphus grabbed the ticket for Opobo/Nkoro,Hon Gerald Oforji emerged for Oyigbo, Solomon Wami won the ticket for Port Harcourt1,Hon Tonye Smart Adoki will return for Port Harcourt2, Hon Azeru Opara emerged for Port Harcourt3, and Ngbar Bernard Baridamue won the ticket for Tai.
By: Nelson Chukwudi & Reward Akwu
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