They said Twitter’s suspension was “arbitrary” as “there is no law in Nigeria today permitting the prosecution of people simply for peacefully exercising their human rights through Twitter and other social media platforms.”

“The implication of the decline in freedom of expression in Nigeria is that the country is today ranked alongside countries hostile to human rights and media freedom such as Afghanistan, Chad, the Philippines, Saudi Arabia, Zimbabwe and Colombia.”

But the Nigerian government argued in February that with the lifting of the suspension of Twitter operations, the suit had lost its purpose and amounted to an academic exercise.

But the court noted that the lawyers representing the Nigerian government only filed the application for the dismissal of the suit after the suit had been adjourned for judgement.

It added that the Nigerian government did not provide evidence of the agreement it reached with Twitter management as evidence of resolution of the issue.

Background

The federal government, on June 4, 2021, announced the suspension of the platform in Nigeria through the Minister of Information and Culture, Lai Mohammed.

The government, through the Attorney-General of the Federation, Abubakar Malami, subsequently threatened to arrest and prosecute anyone using the microblogging site in the country, while the National Broadcasting Commission (NBC) asked all broadcast stations to suspend the patronage of Twitter.

Justifying its action, the government had insisted Twitter was using its platform as a channel for disseminating fake news against Nigeria’s corporate existence.

After being criticised for bypassing the federal government’s ban on Twitter, Mr Malami, denied threatening to prosecute Nigerians still tweeting on the microblogging site.

Mr Malami’s denial came days after he unknowingly exposed himself in a Facebook post which showed he too had bypassed the Twitter ban like many other Nigerians.

He, however, reiterated the government’s position on the ban.

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“But our position on Twitter is clear: Anyone, whether individual or corporate institution ‘that enables Twitter’ to circumvent the ban the Federal Government of Nigeria placed on the company, will be prosecuted.”

Reactions to Twitter ban

The suspension of Twitter by the Nigerian government drew criticisms locally and from foreign governments and organisations, among whom were Nigeria’s allies.

The European Union (EU) and the four countries – the United Kingdom, Canada, the United States of America, and the Republic of Ireland – issued a joint statement through their diplomatic missions in Nigeria expressing their disappointment over the Nigerian government’s suspension of the social media platform.

The joint statement added to the growing condemnation which the ban on Twitter and move to impose licensing requirements on other social media in Nigeria attracted.

In their joint statement, the diplomatic missions expressed their support for human rights of free expression and access to information.

According to them, the rights applied both online and offline.

Interim relief

About three weeks after the ban was announced in June last year, the court gave a reprieve to Twitter users.

The court ruling on an interlocutory application issued an interim order restraining “the government of President Muhammadu Buhari and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass, intimidate, arrest or prosecute Twitter and/or any other social media service provider(s), media houses, radio and television broadcast stations, the Plaintiffs and other Nigerians who are Twitter users, pending the hearing and determination of this suit.”

Twitter ban lifted

After seven months of the ban, the Nigerian government in January, announced it had lifted the restriction on the micro-blogging site.

Before the ban was lifted, the government announced that Twitter had agreed to register as a corporate entity in Nigeria, among other conditions that preceded its reversal of the restriction.

The ban on Twitter, costing Nigerian businesses billions of naira, was condemned by many Nigerians, civic groups and the international community, but the government claimed that “many agreements had been reached” with the social media platform ready to comply.

The government claimed Twitter had committed to establishing a legal entity in Nigeria during the first quarter of 2022.

The legal entity, it said, will register with the Corporate Affairs Commission (CAC).

Similarly, it said the social media platform has agreed to appoint a designated country representative to interface with Nigerian authorities.

Twitter reportedly agreed to comply with applicable tax obligations on its operations under Nigerian law.

The federal government said the company also agreed to give its officials the ability to take down tweets it considers a threat to the country’s security.

Twitter wrote on its public policy account that it was delighted with the restoration of its services in Nigeria.

While expressing delight at the restoration of its services in Nigeria, it has yet to comment on the government’s claims.

The restriction had pushed Nigerians in the country to accessing Twitter with the aid of a Virtual Private Network (VPN).

Following the lifting of the ban, many Nigerians are reacting in different ways, most attributing the decision to lift the ban to the upcoming general election in 2023 and the government’s intention to use the platform for its campaign.