You lack jurisdiction to criminalize Twitter suspension- FG tells ECOWAS court

The federal authorities has advised the ECOWAS courtroom that it lacked the jurisdiction to criminalise the suspension of Twitter in Nigeria because the suspension of the operations of Twitter in Nigeria is now not an precise recognised under any treaty enforceable by the ECOWAS courtroom.  The Federal authorities stated this in a preliminary objection filed to remark of affairs the suit by Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians over its directive to prosecute those violating the suspension. The Federal authorities argued that the courtroom lacks the jurisdiction to “desire the criminalisation of an act under Nigerian licensed guidelines”. It stated Twitter is a microblogging remark, and now not “an organisation of any member remark”. Fraction of the Federal authorities’s objection reads“The finest to freedom of expression is fully completely different from freedom of reach. The suspension of Twitter would now not fall under the provisions of arts 8 and the African Structure on Human and Peoples’ Rights. The suspension of Twitter in Nigeria is now not an precise identified under any treaty enforceable by this Courtroom.Within the now not going match that this Honourable Courtroom agrees with SERAP that the suspension of Twitter is a vital appropriate, the dissolution or liquidation of twitter as a revenue-making entity might perhaps well also as smartly initiate a floodgate and vest the users the rights of a non-existent appropriate.Twitter is a revenue-making entity which is ready to be proscribed/dissolved in compliance with any nationwide licensed guidelines. The compulsory shut down of an entity can’t be termed the breach of any vital rights by this Honourable Courtroom.The suspension of Twitter in Nigeria is in compliance with the provisions of sections 420, 419 of the Penal Code [Northern Nigeria]; Federal Provisions Act, and piece 58 of the Prison Code Act. The operation of Twitter is in violation of Nigerian domestic guidelines.Flooring Two: This Courtroom lacks the jurisdiction to search out out the criminalization of an act under Nigerian licensed guidelines.The cloth of the SERAP suit borders on the criminalisation of Twitter operation in Nigeria pursuant to the Penal Code and the Prison Code. The employ and operation of Twitter in Nigeria constitutes the offences of Importation of Prohibited publication under sections 420 and 421 or the offence of possession of seditious articles under piece 419 of the Penal Code Federal Provisions Act.In any match there’s an precise of circulation vested within the suspension of Twitter in Nigeria, the stated appropriate vests at as soon as on Twitter and now not individual users of Twitter. Right here’s extra so that individual particular person’s Twitter accounts weren’t tempered but only the operation of Twitter.” The authorities stated “Nigerians and SERAP cling no reason for circulation,” adding that the suspension of Twitter is backed by provisions of the Firm and Allied Issues Act, 2020.The publish You lack jurisdiction to criminalize Twitter suspension- FG tells ECOWAS courtroom seemed first on Linda Ikeji Weblog.

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