Remove the “conditions prohibited on Twitter”, according to SERAP in Buhari

The Socio-Economic Rights and Accountability Project (SERAP) urged President Muhammadu Buhari to “urgently remove the impermissible conditions imposed on Twitter pending the final decision of the lawsuit in the ECOWAS Court of Justice in Abuja challenging the legality of the Twitter suspension, to allow the court to rule on the central issues of the case and protect the rights and interests of the plaintiffs.

Buhari had said in his speech on the 61st anniversary of Nigeria’s independence that the federal government would only lift the Twitter suspension in Nigeria if certain conditions, including national security concerns, are met. The address also appears to suggest that even when the suspension is lifted, Nigerians will only be allowed to use Twitter “for commercial and positive purposes.”

In an open letter dated October 2, 2021 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization said: “The conditions imposed on Twitter while the ECOWAS case is pending constitute interference with human rights law. SERAP and others legal challenge to your government’s decision to suspend Twitter in Nigeria.

SERAP said: “The conditions mock the case pending before the ECOWAS Court and create a risk that the course of justice will be seriously hampered or compromised in this case. Protecting the right to a judicial remedy and to the proper administration of justice is of the utmost importance, being the cornerstone of an orderly society.

According to SERAP: “Imposing impermissible conditions on Twitter would undermine the rights and interests of the plaintiffs in the ECOWAS case against your government, as the conditions directly touch on the central issues of freedom of expression and access to information the court is responsible for determining and adjudicating on.

The letter, in part, read: “Applying conditions on Twitter while the ECOWAS case is pending would damage the interests of the plaintiffs, undermine the ability of the ECOWAS tribunal to deliver justice in the case, harm the public confidence in the court and would undermine the outcome. of the case.

“It is in the public interest to keep the streams of justice clear and pure, and to maintain the authority of the ECOWAS Court in the case. If not immediately withdrawn, the conditions would seriously undermine Nigeria’s international human rights obligations, including under ECOWAS treaties and protocols, and have serious consequences for the public interest.

“Since the only way for SERAP and other complainants to have fair and effective access to justice is to allow the tribunal to rule on the merits of the case submitted to it, fairness and justice must, over the facts of the ECOWAS case, prevail over any declared national security conditions.

“Your government should allow the ECOWAS Court to decide these issues, especially since the federal government has presented the national security arguments to the Court. ”

“The heart of the principle of judicial independence is the complete freedom of the judge to hear and decide the cases referred to him on the basis of the facts and in accordance with the law, without any undue interference, direct or indirect.

“The principle of the independence of the judiciary was also enshrined in the Basic Principles on the Independence of the Judiciary, approved by the General Assembly in 1985.”

“The Principles provide, inter alia, that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary (principle 1); that judges decide the cases before them impartially, without any restriction or interference, direct or indirect, from anywhere or for any reason (principle 2); and that there should be no inappropriate or unjustified interference in the judicial process (principle 4).

“SERAP therefore urges you to urgently remove the conditions imposed on Twitter, and allow the ECOWAS tribunal to rule on the lawsuit brought by SERAP and other plaintiffs challenging the legality of the suspension of Twitter in Nigeria. The judgment in the trial is set for January 20, 2022.