A Federal High Court in Lagos has ordered Alhaji Lai Mohammed, former Minister of Information and Culture and the information ministry to disclose the details of the agreement between the Nigerian Government and X, formerly Twitter.
This is to assess whether the agreement complies with the exercise of Nigerians’ human rights online.
The judgment was delivered in May 2024 by Hon. Justice Nnamdi Okwy Dimgba following a Freedom of Information suit number: FHC/L/CS/238/2022, brought by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the judgment was obtained last Friday.
In his judgment, Justice Dimgba held, “The former minister and the Ministry of Information are directed and compelled to provide a copy of the agreement between the Nigerian Government and Twitter to SERAP solely to ascertain its impact on the protection of fundamental human rights of Nigerians.
“Disclosing the details of the agreement between the Nigerian Government and Twitter is in the public interest and does not affect Twitter’s business interest as a third party. It is also not prejudicial to Nigeria’s sovereignty and national security.
“The agreement between the Nigerian Government and Twitter must still be disclosed irrespective of the harm to Twitter if it would be in the public interest to make sure disclosure.”
Justice Dimgba dismissed the objections raised by the minister’s counsel and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the minister.
Justice Dimgba further said, “The minister has failed to prove that the President has followed due process of law to designate Twitter as a Critical National Information Infrastructure upon the National Security Adviser’s recommendation and issued an Order in the Federal Gazette in that regard.”
Justice Dimgba’s judgment, dated 28 May, 2024, read in part, “Therefore, I hold that the disclosure of the Twitter agreement is not prejudicial to Nigeria’s sovereignty and national security or protected by the Official Secrets Act, as the minister has failed to prove the same.
“The first question that needs to be answered is how the need to disclose the agreement is outweighed by the importance of protecting the commercial interests of the third party, Twitter.
“The former minister has unequivocally argued that the disclosure could harm Twitter’s business interests in other jurisdictions, potentially with Twitter’s contractual negotiations.
“However, this defence is hypothetical and does not point to the specific business or contractual interests of Twitter that could be affected.
“It is my view that the disclosure of the details of the agreement as requested by SERAP will not interfere with the commercial interests and trade secrets of Twitter or lead to financial losses to it, as the former minister has failed to prove the same.
“Besides, Section 15(4) of the Freedom of Information Act envisages only real and not hypothetical financial loss or gain to or prejudice to, the competitive position of or interference with contractual or other negotiation of a third party like Twitter which could be affected by the disclosure.”
The court said no evidence was placed before it “pointing to the fact that Twitter has an agreement with another country as a precondition for its operation in such jurisdiction as obtainable in Nigeria”.
Reacting to the judgment, Femi Falana (SAN) said, “We commend Justice Dimgba for this landmark judgment. This is a judicial confirmation of Nigerians’ rights to freedom of expression, and access to information online. We call on the government of President Bola Tinubu to immediately implement the judgment.”
SERAP deputy director Kolawole Oluwadare said: “This ground-breaking judgment is a victory for freedom of expression and privacy online, which is central to achieving individual freedom and to developing democracy.
“The onus is now on President Bola Tinubu to immediately comply with the court’s orders. We commend Justice Dimgba for his courage and wisdom. SERAP will do everything within its power to secure the full and effective enforcement of this important judgment.”
In the letter dated 13 July 2024 sent to President Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organisation urged him to “demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court”.
SERAP urged the President “to direct the Ministry of Information and Culture and the office of the Attorney General of the Federation to immediately disclose the details of the Twitter agreement, as ordered by the court”.
The suit was filed against the former minister of information and culture. The suit followed the Nigerian Government’s statement on January 13, 2022 after lifting the suspension of Twitter operations in Nigeria, to the effect that, “Twitter has agreed to act with a respectful acknowledgement of Nigerian laws and the national culture and history.”
The Nigerian Government suspended Twitter on June 4, 2021 after it removed a post made by former President Muhammadu Buhari. The former president was joined in the suit as Co-respondent but the court gave the orders against the minister.
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