Civic Space Case-Tracker

SERAP filed a lawsuit on June 18, 2021 arguing that the Twitter ban violated the rights to freedom of expression, access to information, and media freedom guaranteed under sections 39 and 22 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of International Covenant on Civil and Political Rights. The lawsuit sought an injunction to stop the President, NBC, and the Minister of Information from censoring and controlling social media operations through broadcasters and service providers. The Abuja Division Federal High Court dismissed this suit on December 9, 2021, for lacking in merit, and awarded a sum of N100,000 against the plaintiff. During the preliminary objections, the first and second Defendants urged the court to dismiss the suit, stating that the directive that asked stations to stop using Twitter did not affect the plaintiff in any way. They (NBC and Director General) also claimed that the suit harmed the country’s national security, economy, and unity, and it was filed in bad faith. The Federal High Court held that the restriction of access to Twitter “did not amount to a violation of citizens’ right to freedom of expression” nor violate the constitutional right of press freedom. In response, SERAP stated that they would appeal this dismissal and they were supported by about twenty-seven civil society organizations.

Several civil society organizations filed applications before the ECOWAS Court of Justice to challenge the Twitter ban, SERAP among them (suits no. ECW/CCJ/APP/23/21, ECW/CCJ/APP/24/21, ECW/CCJ/APP/26/21 and ECW/CCJ/APP/29/21). On July 22, 2021, the Court consolidated all four suits. The applicants argued that Twitter’s suspension was adverse to many Nigerians who carry on their daily activities on Twitter, especially impeding the right to freedom of expression. Additionally, on June 22, 2021, the applicants requested the Court to order the State of Nigeria to refrain from prosecuting any media outlet or citizens using Twitter and to lift the ban as Interim Measures. The Court granted the first measure, but denied the latter pending the hearing and determination of the substantive suit.

On July 14, 2022, the ECOWAS Court delivered its ultimate ruling, in which it found that “access to Twitter, being one of the social media of choice to receive, disseminate and impart information, is one such derivative right that is complementary to the enjoyment of the right to freedom of expression”.Furthermore, the Court held that the State of Nigeria violated the applicants right to freedom of expression because the Twitter ban was not sanctioned by any law or order of a competent court. As a result, the Court ordered the State of Nigeria to lift the Twitter ban and undertake measures on the use of Twitter to enable the enjoyment of the right to freedom of expression.

On June 5, 2021, the Nigerian government officially put an indefinite ban on Twitter by impeding the social media platform from operating in the country. This took place after tweets made by Nigerian President Muhammadu Buhari warning the south-eastern people of Nigeria, which is made of predominantly Igbo people, of a potential repeat of the 1967 Biafran Civil War due the ongoing insurgency in the region were deleted from the platform. The Nigerian government claimed that the deletion of the President’s tweets factored into their decision, but it was ultimately based on “a litany of problems with the social media platform in Nigeria, where misinformation and fake news spread through it have had real world violent consequences.” On Saturday, June 6, 2021, the 1st Defendant (NBC) issued a press release directing all broadcasting stations in Nigeria to immediately de-install their Twitter handles and refrain from using Twitter as a source of information gathering. A copy of the press statement by the National Broadcasting Commission (NBC) dated June 6, 2021, was published on its website at www.nbc.gov.ng, along with a printout of the BBC publication of June 7, 2021. In the press release of June 6, the 1st Defendant cited and relied on the provisions of section 2 [1] r of the National Broadcasting Act and sections 3.11.1 and 5.6.3 of the National Broadcasting Code to act and direct the Nigerian broadcast stations to comply with its directive.

In August 2021, Media Rights Agenda (MRA) filed a suit against the NBC to challenge its legal authority to regulate and licence social media platforms.

In 2023, the NBC repeatedly sanctioned broadcast stations for allegedly contravening the Nigeria Broadcasting Code, particularly during the elections. However, the Federal High Court Abuja ruled in June that the NBC had no power to impose sanctions or to conduct criminal investigations, and therefore restrained it from imposing further sanctions.

• Access Now, Access Now to ECOWAS Court: overturn Nigeria’s Twitter ban (29 September 2021)
• EFF, Nigerian Twitter Ban Declared Unlawful by Court (20 July 2023)
• Columbia Global Freedom of Expression, SERAP c. República Federal de Nigeria (case overview)
• RFK Human Rights, RFK Human Rights named amicus curiae in Twitter ban case (09 July 2021)
• RFK Human Rights, Nigeria #Twitterban: RFKHR, SERAP host Twitter Spaces on ECOWAS Court ruling (17 July 2022)

• Amicus curiae brief by RFK Human Rights
• Amicus curiae brief by Access Now, Electronic Frontier Foundation, and Open Net Association