LAW

Pastor Adeboye: Be Careful, ECOWAS Court Warns Buhari

<p><em>Pastor Adeboye and Buhari<&sol;em><br &sol;>&NewLine;<strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reports that the ECOWAS Court of Justice in Abuja has sent warnings to President Muhammadu Buhari about the General Overseer of The Redeemed Christian Church of God RCCG&comma; Pastor Enoch Adeboye&comma; whom the federal government is making attempt to prosecute for using Twitter after the federal government pronouncement on the ban&period;<br &sol;>&NewLine;The respected cleric and Pastor William Kumuyi&comma; another high profile cleric who presides over Deeper Life Bible Church&comma; had use twitter after federal government’s ban&period;<br &sol;>&NewLine;The government&comma; through its agency&comma; threatened to prosecute those who flouted the law&period;<br &sol;>&NewLine;The threat generated so much tension in the land&period;<br &sol;>&NewLine;Reacting&comma; three days into the ban placed by the Federal Government on use of Twitter&comma; Adeboye defended his continued usage of the micro-blogging platform&period;<br &sol;>&NewLine;Adeboye said tweeting is in accordance with Article 19 of the United Nations universal declaration on human rights&period;<br &sol;>&NewLine;Using his official handle&comma; &commat;PastorEAAdeboye&comma; the cleric who commands a huge following across the world&comma; said&colon; &OpenCurlyDoubleQuote;The Redeemed Christian Church of God is domiciled in more than 170 nations and territories&period; The tweets here are in accordance with Article 19 of the United Nations universal declaration of human rights&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;Article 19 of the UN Universal Declaration on Human Rights reads&colon; &OpenCurlyQuote;Everyone has the right to freedom of opinion and expression&semi; this right includes freedom to hold opinions without interference and to seek&comma; receive and impart information and ideas through any media and regardless of frontiers&period;’”<br &sol;>&NewLine;Just after that defence&comma; the ECOWAS Court of Justice in Abuja in a landmark ruling on Tuesday &OpenCurlyDoubleQuote;restrained the government of President Muhammadu Buhari and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass&comma; intimidate&comma; arrest or prosecute Twitter and&sol;or any other social media service provider&lpar;s&rpar;&comma; media houses&comma; radio and television broadcast stations&comma; the Plaintiffs and other Nigerians who are Twitter users&comma; pending the hearing and determination of this suit&period;”<&sol;p>&NewLine;<p>The ruling followed the suit filed against the government by Socio-Economic Rights and Accountability Project &lpar;SERAP&rpar; and 176 concerned Nigerians arguing that &OpenCurlyDoubleQuote;the unlawful suspension of Twitter in Nigeria&comma; criminalization of Nigerians and other people using Twitter have escalated repression of human rights and unlawfully restricted the rights of Nigerians and other people to freedom of expression&comma; access to information&comma; and media freedom in the country&period;”<&sol;p>&NewLine;<p>The court gave the order after hearing arguments from Solicitor to SERAP&comma; Femi Falana SAN&comma; and lawyer to the government Maimuna Shiru&period;<&sol;p>&NewLine;<p>The court said&colon; &OpenCurlyDoubleQuote;The court has listened very well to the objection by Nigeria&period; The court has this to say&period; Any interference with Twitter is viewed as inference with human rights&comma; and that will violate human rights&period; Therefore&comma; this court has jurisdiction to hear the case&period; The court also hereby orders that the application be heard expeditiously&period; The Nigerian government must take immediate steps to implement the order&period;”<&sol;p>&NewLine;<p>This development was disclosed today by SERAP deputy director Kolawole Oluwadare&period;<&sol;p>&NewLine;<p>Reacting to the ruling&comma; Femi Falana&comma; SAN said&colon; &OpenCurlyDoubleQuote;The intervention of the ECOWAS Court is a timely relief for millions of Nigerians using Twitter who have been threatened with prosecution under the provision of the Penal Code relating to sedition&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Contrary to the assurance credited to the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami&comma; SAN that violators of the Twitter would not be prosecuted&comma; the Federal Government filed processes in the ECOWAS Court threatening to prosecute Nigerians using Twitter for violating the suspension under the provisions of the Penal Code relating to sedition&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;It is extremely embarrassing that the Federal Government could threaten to jail Nigerians for sedition&comma; which was annulled by the Court of Appeal in 1983&comma; in the case of Arthur Nwankwo vs The State&period;”<&sol;p>&NewLine;<p>The suit and the ruling followed the suspension of Twitter by the Minister of Information and Culture&comma; Lai Mohammed after the social media giant was banned in the country for deleting President Muhammadu Buhari’s tweet&period; The National Broadcasting Commission &lpar;NBC&rpar; also ordered TV and radio stations to &OpenCurlyDoubleQuote;suspend the patronage of Twitter immediately”&comma; and told them to delete &OpenCurlyQuote;unpatriotic’ Twitter&period;<&sol;p>&NewLine;<p>The substantive suit has been adjourned to 6th July 2021 for hearing of the substantive suit&period;<&sol;p>&NewLine;<p>It would be recalled that SERAP and the concerned Nigerians had in the suit No ECW&sol;CCJ&sol;APP&sol;23&sol;21 sought &OpenCurlyDoubleQuote;An order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria&comma; and subjecting anyone including media houses&comma; broadcast stations using Twitter in Nigeria&comma; to harassment&comma; intimidation&comma; arrest and criminal prosecution&comma; pending the hearing and determination of the substantive suit&period;”<&sol;p>&NewLine;<p>The suit&comma; read in part &OpenCurlyDoubleQuote;if this application is not urgently granted&comma; the Federal Government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians&comma; telecommunication companies&comma; media houses&comma; broadcast stations and other people using Twitter in Nigeria&comma; the perpetual order sought in this suit might be rendered nugatory&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The suspension of Twitter is aimed at intimidating and stopping Nigerians from using <a href&equals;"https&colon;&sol;&sol;guardian&period;ng&sol;">Twitter<&sol;a> and other social media platforms to assess government policies&comma; expose corruption&comma; and criticize acts of official impunity by the agents of the Federal Government&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The free communication of information and ideas about public and political issues between citizens and elected representatives is essential&period; This implies a free press and other media able to comment on public issues without censor or restraints&comma; and to inform public opinion&period; The public also has a corresponding right to receive media output&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Freedom of expression is a fundamental human right and the full enjoyment of this right is central to achieving individual freedom and to developing democracy&period; It is not only the cornerstone of democracy&comma; but indispensable to a thriving civil society&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The arbitrary action by the Federal Government and its agents have negatively impacted millions of Nigerians who carry on their daily businesses and operational activities on Twitter&period; The suspension has also impeded the freedom of expression of millions of Nigerians&comma; who criticize and influence government policies through the microblogging app&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The suspension of Twitter is arbitrary&comma; and there is no law in Nigeria today permitting the prosecution of people simply for peacefully exercising their human rights through Twitter and other social media platforms&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The suspension and threat of prosecution by the Federal Government constitute a fundamental breach of the country’s international human rights obligations including under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights to which Nigeria is a state party&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The suspension has seriously undermined the ability of Nigerians and other people in the country to freely express themselves in a democracy&comma; and undermined the ability of journalists&comma; media houses&comma; broadcast stations&comma; and other people to freely carry out their professional duties&period;”<&sol;p>&NewLine;

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