Irish Centre for Human Rights Blog

Abhishek Ranjan is currently a third -year law student pursuing B.A. LL.B. (Hons.) at Dr. RML National Law University, Lucknow. His academic interests particularly lie in Human Rights Law, Public Policy, International Relations and Minority Rights.

Anshika Gubrele is currently a third -year law student pursuing B.A. LL.B. (Hons.) at Bharati Vidyapeeth (Deemed to be University), New Law College, Pune. She is a researcher and content writer. Her academic interests particularly lie in Human Rights and Constitutional Law.

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On June 4, Nigerians were barred from accessing Twitter when the Nigerian government banned the app after Twitter deleted a tweet by President of Nigeria, Muhammadu Buhari. The President, in his tweet, had made a clear comparison between Nigeria’s civil war and recent arson and gun attacks on government offices by separatist groups in the southeast region of the country. In a now-deleted tweet, Buhari wrote, “Many of those misbehaving today are too young to be aware of the destruction and loss of lives that occurred during the Nigerian Civil War. Those of us in the fields for 30 months, who went through the war, will treat them in the language they understand.” 

Twitter deleted the tweet citing that it violated their “policies on abusive behaviour”. The same posts were deleted by Facebook as well, due to policy violations. A day later, it was announced by the Association of Licensed Telecommunications Operators of Nigeria (ALTON) that its members had received and followed government directives to ban access to Twitter. Furthermore, the Nigerian government directed all television and radio stations to stop using the app citing concern ‘for activities that are capable of undermining Nigeria’s corporate existence.’ 

Worrying Trend

Nigeria’s action is part of a disturbing trend in Africa, where governments are restricting the use of social media. Already this year, Niger, the Republic of the Congo and Uganda have restricted the use of social media platforms during elections. Senegal did the same during anti-government demonstrations. Further examples of other African nations that have restricted access to social media without any apparent legal or legitimate justification include Chad, Tanzania and Gabon. Typically, these shutdowns are justified as necessary to protect national security during critical periods. However, by restricting democratic freedoms of information, expression, and assembly, they clearly promote entrenched interests. This tendency has been denounced as a flagrant violation of human rights, particularly those guaranteed by human rights treaties to which African nations are signatories.

The Legal Question

The rights to free speech, expression and access to information are protected by Nigeria’s constitution and international human rights standards, and any restriction on this right must be justified in a democratic society, as per the language of the African Charter on Human and Peoples’ Rights. The present ban can be situated within one or two permissible grounds of limitation under Section 45 of the Constitution of Nigeria, 1999, namely the interest of defence, public safety, public order, public morality or public health, or alternatively, the protection the rights and freedom or other persons. However, examination of the facts surrounding the present ban shows that, at the very least, it fails the test of legality. For one, it was announced by the country’s Minister of Information at a press conference rather than being affected through a law of general application as required by Section 45 of the Constitution.

Similar legal concerns surround the arrest and punishment of those who break the prohibition. Section 36 (8) and (12) of the 1999 Constitution clearly provide that no one may be charged with a crime for an act or omission that did not constitute an offence under any law at the time the act or omission was committed. Shutting down the internet and social media violates Article 9 of the African Charter on Human and Peoples’ Rights, which guarantees freedom of expression and access to information. According to the provision, every African citizen has been guaranteed the right to acquire information as well as the freedom to express and disseminate his or her ideas within the legal framework.

Nigeria has a primary responsibility to ensure and preserve the right to freedom of speech as set forth in the Section 39 of the 1999 Constitution of the Federal Republic of Nigeria; Article 19 of the International Covenant on Civil and Political Rights (ICCPR); and Article 9 of the African Charter on Human and Peoples’ Rights (African Charter). This ban amounts to an unjustifiable act committed on the part of the government with no legal basis, violating the essential freedom of expression of its citizens.

Conclusion

Earlier, the government had also threatened to take action against Twitter as part of a long-term strategy to stifle civil society. Twitter has been used by citizens of Nigeria as a platform from which to criticise their government, allowing individuals and groups of people to organise demonstrations and campaigns. The majority of public debates start on Twitter, and the social media site frequently sets the tone and provides a platform for national news broadcasts by traditional media. It has evolved into a forum for holding the government, famous or infamous figures, and institutions accountable. One such example is the EndSARS campaign, which started with the goal of shutting down the notorious police unit, the Special Anti-Robbery Squad (SARS). It has now advanced into nationwide protests for police reform. In the year 2014, the platform played a significant role in the country’s public discourse when Boko Haram had abducted 276 schoolgirls, which prompted the globally-trending hashtag #BringBackOurGirls. Protests and campaigns like these are vital for Nigeria’s future, and they would be far more difficult to organise without Twitter. With 40 million users relying on Twitter for news and a forum to express themselves, the ban in itself is a flagrant violation of the Nigerian people’s right to free speech.

Punishing Twitter users would be a massive and expensive undertaking. The government’s move to impose an indefinite suspension on Twitter might backfire and cost the country financially in terms of new technological investments. Nigeria has been one of the most productive African countries in obtaining venture capital for technological start-ups. The prohibition might jeopardise that status and have a severe negative impact on economic output. Information sharing, marketing, customer service, and remote labour are all made possible by digital media, especially during occupational health and environmental crises. Shutdowns can stifle business, reduce production, and result in the loss of employment. Therefore, the Government of Nigeria should immediately abolish the Twitter ban and assure that citizens of the nation are using it without fear of persecution. If the ban isn’t lifted, then in the long term, this might be a setback for Nigeria’s government rather than Twitter.