The Federal High Court in Lagos has directed the Nigerian Ministry of Information and former Minister Lai Mohammed to disclose details of the agreement reached with Twitter, now rebranded as X, following the platform’s suspension in 2021.
The ruling, issued by Hon. Justice Nnamdi Okwy Dimgba, came in response to a Freedom of Information suit filed by the Socio-Economic Rights and Accountability Project (SERAP), under suit number FHC/L/CS/238/2022.
The court’s decision mandates that the Ministry and Mohammed provide SERAP with a copy of the agreement to assess its compliance with Nigerians’ human rights online. Justice Dimgba emphasized that public interest outweighs any potential harm to Twitter’s business interests or concerns about Nigeria’s national security.
In his judgment dated May 28, 2024, Justice Dimgba dismissed the objections from the minister’s counsel and supported SERAP’s arguments. He criticized the former minister for failing to prove that Twitter was legally designated as Critical National Information Infrastructure.
The judgment stated that the disclosure does not violate Nigeria’s sovereignty or the Official Secrets Act, as claimed by the defense.
Justice Dimgba highlighted the hypothetical nature of the minister’s defense regarding potential harm to Twitter’s business interests. He noted the absence of evidence indicating that Twitter has similar agreements with other countries, thus reinforcing the call for transparency.
The ruling has been welcomed by legal experts and civil society. Femi Falana (SAN) praised the judgment as a significant affirmation of Nigerians’ rights to freedom of expression and access to information online.
SERAP’s deputy director, Kolawole Oluwadare, hailed the decision as a victory for online privacy and democracy, urging President Bola Tinubu to comply with the court’s orders promptly.
In a letter to President Tinubu, SERAP called for immediate action to implement the court’s directive, urging the Ministry of Information and Culture, along with the Attorney General’s office, to disclose the agreement details.
The suit arose from the Nigerian Government’s suspension of Twitter on June 4, 2021, after the platform removed a post by then-President Muhammadu Buhari.
The suspension was lifted on January 13, 2022, with the government announcing that Twitter had agreed to respect Nigerian laws and culture. The court’s orders, however, were specifically directed at the former minister of information and culture.
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