President Muhammadu Buhari has been charged to immediately enforce the judgment of the ECOWAS Court of Justice, which declared the prosecution of Nigerians on the grounds of ‘insulting’ or ‘stalking’ public officials online illegally.
The call was made yesterday by a Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP) through an open letter sent to the president by the organisation’s Deputy Director, Kolawole Oluwadare.
SERAP equally urged the President to “enforce and implement the ECOWAS Court judgment compelling the federal government to respect, protect and promote freedom of expression, access to information and media freedom.
The civil society organisation in a letter dated April 1, 2023 expressed serious concerns about the shrinking civic space in the country and the actions of some state governors and government institutions who are using section 24 of the Cybercrime Act and other repressive laws to crack down on anyone seeking to assert their human rights, and media freedom.
SERAP is therefore urging President Buhari to urgently send an executive bill to the National Assembly to repeal the provisions of Section 24 of the Cybercrime Act on the offence of ‘insulting or stalking public officials online’ by ensuring the deletion of the provisions from the Act, as ordered by the ECOWAS Court.
Its further asked the President you to direct the Attorney General of the Federation and Minister of Justice, Abubakar Malami to withdraw all charges of ‘insulting or stalking public officials online’ against activists, critics and journalists by ensuring their release from unlawful detention, and paying adequate compensation to those who have faced unfair prosecutions based on the unlawful provisions.
The organisation also wants President Buhari to instruct the Minister of Information and Culture, Lai Mohammed and the National Broadcasting Commission (NBC) to immediately reverse the arbitrary and unlawful fine of N5 million imposed on Channels TV for allegedly violating the NBC code in a programme with Labour Party vice-presidential candidate, Datti Baba-Ahmed.
SERAP listed some cases in which its believed that citizens rights were restricted to include the recent detention of a journalist, Agba Jalingo for allegedly publishing an article that was deemed ‘insulting’ to Elizabeth Ayade, the sister-in-law of Cross River Governor, Ben Ayade.
The case involves Ekene Obinali of Umucheke, a traditional ruler in Imo State who was reportedly arrested for allegedly sharing a post on a WhatsApp platform which is said to be critical of Governor Hope Uzodinma.
The case of one Nnamdi Chude, a social media influencer, who was also reportedly arrested for cyberstalking allegedly over a tweet he posted on electoral violence in Anambra State.
The case in Rivers State, where three lawyers representing Tonye Cole of the All Progressives Congress (APC) were reportedly arrested and detained for preparing a petition against the outcome of the Rivers governorship election. The lawyers are Jerry Aondo, Dr Sobere Nelson, and Odum Eyiba.”
SERAP also said that the National Broadcasting Commission (NBC) also arbitrarily imposed an unlawful fine of N5 million on Channels Television for allegedly violating the NBC code in a programme with the Labour Party vice-presidential candidate, Datti Baba-Ahmed.
The civil society organisation further stated in its letter that, “many Nigerians and media houses continue to face threats simply for speaking out and seeking to peacefully exercise their human rights and carry out their professional duties. This situation is contrary to the Nigerian Constitution 1999 [as amended] and the judgments by the ECOWAS Court.
“The immediate enforcement and implementation of the judgments by your government will be a victory for the rule of law, the right to freedom of expression and media freedom, including online.
“These disturbing trends show the failure by your government to effectively comply with the country’s international obligations and the ECOWAS Court judgments on the Cybercrime Act and Twitter ban.”
“If the two judgments are not immediately enforced and implemented, SERAP will consider seeking a Writ of Execution from the ECOWAS Court and asking the ECOWAS Authority of Heads of State and Government to impose sanctions on your government for non-compliance with these judgments.
“By implementing the judgment, your government will be demonstrating Nigeria’s leadership within the ECOWAS sub-region and sending a powerful message to other countries to embrace the rule of law and human rights.
“The processes for the sanctions are provided for under the 2015 Supplementary Protocol, the 2012 Supplementary Act on Sanctions, and the 1993 ECOWAS Revised Treaties. The sanctions may include judicial, economic and political sanctions.
“Section 27 of the Vienna Convention on the Law of Treaties provides that, ‘A State party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform the treaty.
“In the first judgment in the suit number ECW/CCJ/APP/09/19 brought by SERAP, the Court ordered your government to repeal section 24 of the Cybercrime Act by deleting the provisions consistent with Nigeria’s obligation under Article 1 of the African Charter on Human and Peoples Rights.
“The ECOWAS Court ruled that Section 24 is inconsistent and incompatible with 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.
“The unlawful provisions of section 24 of the Cybercrime Act, among others, criminalise sending or causing to be sent an ‘offensive, insulting or annoying’ message via a computer system.
“In the second judgment in the suit No ECW/CCJ/APP/23/21 brought by SERAP and 176 concerned Nigerians, the Court ordered your government to respect and ensure freedom of expression, access to information and media freedom, consistent with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights,” SERAP said.
“The two judgments mean that your government must ensure that state governors and government institutions do not follow section 24, other repressive laws, and law enforcement agencies to target, harass, intimidate, arbitrarily arrest and detain people simply for peacefully exercising their human rights.
“Freedom of expression is a fundamental human right, and the full enjoyment of this right is central to achieving individual freedom and developing democracy. It is not only the cornerstone of democracy but indispensable to a thriving civil society,” it said.
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