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SERAP Sues Buhari, Minister Over Twitter Pact
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to publish copy of the agreement the Federal Government recently signed with Twitter, Inc, and the failure to publish the details of the terms and conditions of any such agreement.”
Joined in the suit as respondent is the Minister of Information and Culture, Alhaji Lai Mohammed.
The Federal Government had in January lifted the suspension of Twitter operation in Nigeria, stating that, “Twitter has agreed to act with a respectful acknowledgement of Nigerian laws and the national culture and history.”
But in the suit number FHC/L/CS/238/2022 filed, last Friday, at the Federal High Court, Lagos, SERAP is asking the court to “direct and compel President Buhari and Alhaji Lai Mohammed to release and widely publish copy of the agreement with Twitter, and the terms and conditions of any such agreement.”
In the suit, SERAP is arguing that: “It is in the interest of justice to grant this application. Publishing the agreement would enable Nigerians to scrutinise it, seek legal remedies as appropriate, and ensure that the conditions for lifting the suspension of Twitter are not used as pretexts to suppress legitimate discourse.”
SERAP is also arguing that, “Publishing the agreement with Twitter would promote transparency, accountability, and help to mitigate threats to Nigerians’ rights online, as well as any interference with online privacy and freedom of expression.”
According to SERAP, “Any agreement with social media companies must meet the constitutional requirements of legality, necessity, proportionality and legitimacy. Secretly agreed terms and conditions will fail these fundamental requirements.”
SERAP is also seeking “an order of mandamus to direct and compel President Buhari and Alhaji Lai Mohammed to clarify the manner and scope in which the agreement with Twitter will be enforced, and whether the agreement incorporates respect for constitutional and international human rights.”
SERAP is further arguing that, “The government has a duty to demonstrate that the conditions for lifting the suspension of Twitter would not threaten or violate the enjoyment of Nigerians’ human rights online, and that the conditions are in pursuit of a legitimate goal in a democratic society.”
According to SERAP, “Alhaji Lai Mohammed responded to our freedom of information request but his response is completely unsatisfactory, as he merely stated that the ‘details are in the public space,’ without sending a copy of the agreement signed with Twitter as requested.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, and Opeyemi Owolabi, read in part: “Nigerians are entitled to their human rights, such as the rights to freedom of expression, access to information, privacy, peaceful assembly and association, as well as public participation both offline and online.
“The operation and enforcement of the agreement may be based on broadly worded restrictive laws, which may be used as pretexts to suppress legitimate discourse, interfere with online privacy, and deter the exercise of freedom of opinion and expression.
“The statement by the Federal Government announcing the lifting of the suspension of Twitter after seven months used overly broad terms and phrases like ‘prohibited publication’, ‘Nigerian laws’, ‘national culture and history’. These open-ended terms and phrases may be used to suppress legitimate exercise of human rights online.
“Any agreement with social media companies must not be used as a ploy to tighten governmental control over access to the internet, monitor internet activity, or to increase online censorship and the capacity of the government to restrict legitimate online content, contrary to standards on freedom of expression and privacy.
“Section 39 of the Nigerian Constitution 1999 (as amended), Article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee the right to hold opinions without interference, and the right to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any medium.
“The Nigerian Constitution and human rights treaties impose duties on the government to ensure enabling environments for freedom of expression, privacy rights and other human rights, and to protect their exercise.
“While human rights law requires States to prohibit ‘advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’, States must still satisfy the cumulative conditions of legality, necessity, proportionality and legitimacy in any agreement with social media companies.
“The government has a legal obligation to promote universal Internet access, media diversity and independence, as well as ensure that any agreements with Twitter and other social media companies are not used to impermissibly restrict these fundamental human rights.”
No date has been fixed for the hearing of the suit.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.