Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to order the State Security Service (DSS) to withdraw threats to ban social media platform X, over comments made by activist, Omoyele Sowore.
The DSS had reportedly implied that it could move against X after Sowore posted a tweet. SERAP warned that such action would amount to “collective punishment” and would severely restrict citizens’ freedom of expression and access to information.
“The threat against X if carried out would have a chilling effect on the exercise of Nigerians’ rights to freedom of expression, media freedom and access to information online,” SERAP said in a statement.
Citing a ruling by the ECOWAS Court of Justice which recognised access to Twitter as a fundamental human right, SERAP said Nigerian authorities were legally obliged to respect constitutional and international guarantees of free expression.
Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights all protect freedom of expression, the group noted.
“The DSS should stop pressuring X to censor online content, in violation of privacy, freedom of expression, media freedom, and access to information. We’ll see the administration in court if the threat is not immediately withdrawn,” SERAP said.
The organisation compared the DSS stance to the 2021 suspension of Twitter by former president Muhammadu Buhari’s administration. The ECOWAS Court later declared that suspension unlawful and ordered the government not to repeat it.
SERAP argued that any restrictions on online speech must meet strict requirements of legality, necessity, proportionality and legitimacy under both Nigerian and international law. It added that the UN Human Rights Committee had made clear that public officials are “legitimately subject to criticism and political opposition.”
“Nigerian authorities cannot use repressive and non-human rights compliant laws to restrict Nigerians’ human rights offline and online,” the group warned.
SERAP statement in full
BREAKING: President Tinubu should direct Nigeria’s State Security Service (SSS, also known as DSS) to immediately withdraw the implied threat to ban X (formerly Twitter) in Nigeria over a tweet by journalist Omoyele Sowore.
The threat against X if carried out would amount to collective punishment and crackdown on access to social media and have a chilling effect on the exercise of Nigerians’ rights to freedom of expression, media freedom and access to information online.
The ECOWAS Court of Justice has held that access to Twitter is a fundamental human right.
Freedom of expression is indeed a fundamental right which is protected under section 39 of the Nigerian Constitution 1999 [as amended] and article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.
Nigerian authorities are required to take steps to protect the important function of independent media online and offline to ensure free communication of information and ideas between citizens and elected representatives and to inform public opinion.
Nigerian authorities cannot use repressive and non-human rights compliant laws to restrict Nigerians’ human rights offline and online.
Any restriction of the right to freedom of expression online and offline must adhere to the constitutional and international requirements of legality, necessity and proportionality, and legitimacy.
The threat would lead to an unnecessary or disproportionate interference with freedom of expression.
The UN Human Rights Committee has stated in its General Comment No 34 that all public figures are “legitimately subject to criticism and political opposition.”
While Nigerian authorities have a responsibility to ensure compliance with national and international law, they must ensure that the ability of Nigerians to exercise their human rights is not undermined.
The threat by the DSS seems to be a replay of the suspension of Twitter in Nigeria by the administration of the former president Muhammadu Buhari.
The ECOWAS Court then declared unlawful the suspension of Twitter by the Buhari administration and ordered the administration never to repeat it again.
The Court also held that the act of suspending the operation of Twitter is unlawful and inconsistent with the provisions of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
The DSS should stop pressuring X to censor online content, in violation of privacy, freedom of expression, media freedom, and access to information.
We’ll see the administration in court if the threat is not immediately withdrawn.
