SERAP Drags Buhari To Court Over Plan To Monitor WhatsApp Messages – Newstrends
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SERAP Drags Buhari To Court Over Plan To Monitor WhatsApp Messages

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3 years ago

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LAGOS – The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Bu­hari over alleged plans by the Federal Government to monitor WhatsApp messages.

SERAP is asking the court to declare illegal and unconstitutional the plan by the Buhari administration to track, inter­cept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and oth­er people, as it severely threatens and violates the right to the preservation of privacy.

SERAP suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87 billion to monitor private calls and mes­sages. The amount is part of the N895.8 billion supplementary budget approved by the National Assembly.

In the suit number FHC/ ABJ/CS/1240/2021 filed on Fri­day at the Federal High Court inAbuja, SERAP is seeking:“an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”

SERAP is also seeking “a declaration that any monitor­ing of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Arti­cles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeriais astate party.”

The rights group is argu­ing that “the plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for familyandprivatelife, thehome, and correspondence. It also fails to meet the requirements of legality, necessity, and propor­tionality.”

According to SERAP, “The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitor­ing of WhatsApp messages, phone calls and text messages would grant free rein to govern­ment agencies to conduct mass surveillance of communications of people.”

SERAP is also arguing that, “The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.”

Daily Independent

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Court reinstates members of dissolved Benue APC executive

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21 hours ago

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November 29, 2024

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Court reinstates members of dissolved Benue APC executive

A Makurdi High Court has ordered the reinstatement of Austin Agada and other elected executives of the All Progressives Congress, APC, Benue chapter, whose tenures were terminated by the party’s national working committee.

The presiding judge, Justice Tertsegha Kume, gave the order on Thursday in his verdict in a suit filed by Agada and eight others against APC.

Mr Agada and the eight others challenged the abrupt termination of their tenure in office as Benue executives of the party.

They dragged the party to court to determine whether it was right to terminate their tenures midway without giving them a fair hearing.

The plaintiff’s counsel, M. T. Alyebo, told the court that the party’s NWC was wrong to disregard the provisions of Articles 12(11), 17(i), and 21.1 of the Constitution of the APC 2022 (as amended).

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Mr Alyebo argued that the NWC decision was also in contravention of Section 223(2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) by not giving them a fair hearing before unlawfully terminating their tenures.

He therefore urged the court to make an order reinstating his clients until the expiration of their tenures on February 2, 2026.

However, counsel for APC, Matthew Burkaa, urged the court to dismiss the suit, arguing that the court had no jurisdiction over the matter as it was an internal affairs of the party.

The presiding judge, however, dismissed the argument of the respondents’ counsel and granted the reliefs sought by the applicants.

He declared that the tenure of office of Agada and other elected executives of the APC in Benue is still valid and subsisting till the completion of four years.

Court reinstates members of dissolved Benue APC executive
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PDP suspends lawmaker over alleged insubordination

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2 days ago

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November 28, 2024

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PDP suspends lawmaker over alleged insubordination

The Peoples Democratic Party (PDP) in Bauchi State has suspended Habibu Umar, the lawmaker representing Kirfi Constituency in the State House of Assembly, for alleged insubordination.

In a letter addressed to the Speaker of the Bauchi State House of Assembly, PDP State Chairman Samaila Burga confirmed Umar’s suspension, barring him from all party activities until further notice.

The decision was based on findings that Umar violated sections 58 (9) (1) and (f) of the PDP Constitution (2017 as amended).

According to the letter, Umar was issued a query on November 5, 2024, following accusations of misconduct. A disciplinary committee was subsequently established on November 11 to investigate the matter.

After a thorough review, the committee found Umar guilty and recommended his immediate suspension under sections 59 (4) and (5) of the party’s constitution.

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The suspension, which was signed by members of the Beni Ward EXCO, highlights the party’s commitment to enforcing discipline and upholding its internal regulations.

“Effective from today, November 25, 2024, Hon. Habibu Umar is barred from participating in any party activities until further notice,” the chairman stated.

In another development, a former member of the Bauchi State House of Assembly, Adamu Bello, has officially rejoined the PDP after leaving the All Progressives Congress, APC.

Bello, a founding member of the APC in Bauchi State and a key figure in the Bauchi North Senatorial District, served as the Sole Administrator of Giade Local Government Area.

The former APC leader, who played a crucial role in securing a victory for the APC in Giade LGA during the last general elections, cited the ongoing support of Bauchi State Governor, Bala Mohammed, for his people as the primary reason for his decision to return to the PDP.

In a statement issued on Wednesday, Adamu Bello explained that his constituents urged him to join the PDP in order to better advocate for the community’s interests.

“I have always been a voice for my people, and they have asked me to take this step so that we can continue to progress,” Bello remarked.

 

PDP suspends lawmaker over alleged insubordination

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Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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3 days ago

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November 27, 2024

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Sly Ezeokenwa

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

The Supreme Court, on Wednesday, affirmed Mr. Sly Ezeokenwa as the authentic National Chairman of the All Progressives Grand Alliance, APGA.

A five-member panel of the apex court, in two unanimous judgements, invalidated Chief Edozie Njoku’s claim to the national leadership position in the party.

It held that its earlier verdict on the appeal marked: SC/CV/687/2021, delivered on October 14, 2021 and corrected on March 24, 2023, which Chief Njoku purportedly relied on to lay claim to APGA Chairmanship, did not confer any enforceable rights on him.

In the lead decision that was read by Justice Stephen Adah, the apex court stressed that the reliefs it granted on the protracted APGA leadership tussle, in 2021, were only declaratory and not executory.

The court noted that it particularly held that that issue of leadership or who becomes the Chairman of a political party, was an internal matter that is not justiciable.

Justice Adah held that it was wrong for Njoku to have gone before the lower court to enforce a judgement that had nothing to be enforced as no executory relief was granted to him.

He faulted the lower courts for wrongly relying on the previous decision of the Supreme Court to declare Njoku as the National Chairman of APGA.

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Consequently, Justice Adah vacated the judgement the Court of Appeal in Abuja delivered on June 28, 2024, which upheld the verdict of a High Court of the Federal Capital Territory that declared Njoku as the National Chairman of APGA.

Besides, the Supreme Court awarded a fine of N20million each, against two members of the Njoku-led faction of APGA that were listed as 1st and 2nd respondents in the matter.

The court held that a third appeal relating to the APGA leadership tussle, would abide by its decision in the matter.

The three appeals were marked: SC/CV/824/2024 : APGA  & another vs. Chief Victor Ike Oye & others; SC/CV/825/2024: Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others, and Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others.

Meanwhile, reacting shortly after th e judgement was delivered, Mr. Ezeokenwa commended the Judiciary for effectively putting an end to the leadership dispute in the party and for affirming him as the bonafide Chairman.

He said the court has through its judgement, proved that it is indeed the hope of the common man.

“We should not always be saying bad things against the Judiciary. Today, I am very proud of our Judiciary as the last hope of the common man.

“like I have always said, our Judiciary will always come through to save our nation when the need arises. That is what it has done today with the erudite judgments delivered today by the Supreme Court concerning the leadership of our party.

“Like our lead counsel, Onyechi Ikpeazu (SAN) said, what ought not to have taken place was created and has been dragged up to the Supreme Court. It is unfortunate. Money has been expended and party’s  structures distabilsed just because of someone’s selfish and inordinate ambition.

“The judgments today have affirmed the convention that brought us to office and that we are in charge of the running of the party’s affairs.

“So, there no longer speculation or doubt about the actual leadership of APGA. By the judgments, I, Barrister Sly Ezeokenwa has been affirmed as the Chairman of APGA,” Ezeokenwa added.

 

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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