Twitter Ban in Nigeria and Matters Arising

Twitter Ban in Nigeria and Matters Arising

The federal government recently suspended the operations of Twitter, a microblogging platform, after accusing it of undermining Nigeria’s existence. Chiemelie Ezeobi reports that the avalanche of reactions, including that the diplomatic community, projected the President Muhammadu Buhari-led administration as intolerant of opposing views with sheer disregard for freedom of speech, a claim the presidency has refuted

These are certainly not the best of times for Nigeria as the negatives have drowned out of the positives of the President Muhammadu Buhari administration. From kidnapping for ransom to banditry, insurgency, piracy, destruction of public properties and even threats of secession, the nation has been embroiled in one challenge or the nation, with no region spared.

However, the recent imbroglio is over a tweet by President Muhammadu Buhari that was deleted by Twitter, a microblogging social media platform.
This is not the first time Twitter would sanction a world leader for infractions against its policy but that of Nigeria led to ban of the platform.

‘Offensive’ Tweet

The tweet that unleashed the tsunami that followed had emanated from President Muhammadu Buhari.

After his meeting with INEC chairman, Prof. Mahmud Yakubu, last Tuesday, President Muhammadu Buhari had tweeted: “Many of those misbehaving today are too young to be aware of the destruction and loss of lives that occurred during the Nigerian Civil War. Those of us in the fields for 30 months, who went through the war, will treat them in the language they understand.”

To many Nigerians, the statement was as unpresidential as it gets and spelt doom for Nigerians, especially the Igbos, whose the president’s subtle reminder of the civil war was a wound yet to heal.

Twitter Deletes Tweet

Enraged youths had immediately started to report the tweet and given that its contents truly violated Twitter rules, the microblogging platform deleted the tweet.

Ironically, the ban of Twitter was announced by the federal government on Twitter. Also, several government aides also continued to tweet with their handles until the telecommunication companies yanked off connection.

Shortly after, Facebook joined Twitter in banning President Buhari’ s civil war controversial message on its platform, saying that it violates its standards and was capable of inciting violence.

Ban
Initially, the federal government had issued a press release condemning the deletion of the tweet. Not done, the Minister of Information and Culture, Lai Mohammed on June 4 announced the ban on Twitter’s operations in Nigeria.

The statement signed by the Minister’s Special Assistant on Media, Segun Adeyemi, claimed the persistent use of the platform for activities that are capable of undermining Nigeria’s corporate existence was the reason for the suspension.
He also directed the National Broadcasting Commission (NBC) to immediately commence the process of licensing all OTT and social media operations in Nigeria.

Implication

The implication of the ban is far reaching as
Twitter has truly become more than a social interaction site to many Nigerians. For many, it has become a source of livelihood to many Nigerians who promote their products and services, especially for Influencers.

Infact, Twitter has given voice to many, especially last year’s #EndSARS protest. Also, Twitter has provided succor and solution for the abused and helped bring the perpetrators to justice. It has also helped Nigerians to hold government to their words.

Therefore, its ban goes beyond control of freedom of speech but it has also deprived many of their source of livelihood. Also since Twitter has become a source of crowdfunding, detaching for missing persons and emergency response initiatives, its ban has left a lacuna.

VPN to the Rescue
Many Nigerians had dismissed the ban as a joke until they woke up to being disconnected by telecommunication companies. But typical of Nigerians, they quickly adapted. In this case, it was the download of Virtual Private Network (VPN). With this, they continued tweeting like they never left.

With the ban, VPN encrypts the internet traffic and identity, making it difficult for one to be traced by third parties. This means that Twitter users can bypass the blockade and then use the app.

Plan to Prosecute Twitter Users
While the polity was still tense, the Attorney General of the Federation (AGF), Abubakar Malami, further polarised the situation with his order that Twitter users be prosecuted.

According to the Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice), Dr. Umar Jibril Gwandu, the AGF directed the Director of Public Prosecution of the Federation (DPPF) at his office “to swing into action and commence in earnest the process of prosecution of violators of the Federal Government De-activation of operations of Twitter in Nigeria.

“The DPPF is to liaise with the Ministry of Communication and Digital Economy, National Communication Communication (NCC) and other relevant government agencies to ensure the speedy prosecution of offenders without any further delay.”

Twitter Reacts
Reacting to the ban, Twitter described it as brazen affront on citizens fundamental human rights and advised its users and other social media platforms in the country to download virtual private networks (VPNs) to enable them continue to use the platforms for their economic survival and social and political engagements “while we push back on this draconian order by the Nigerian government”.

In a statement, Twitter said: “Today, the 4th of June 2021, the Federal Government of Nigeria announced its suspension of Twitter operations, that the application can be used as a platform for activities capable of undermining Nigeria’s corporate existence.

“Many Nigerians read the announcement of the ban on Twitter as a reflection of the importance of the platform and other digital (social media) platforms to Nigerians in accessing information and disseminating the same.

“The directive by the Nigerian government is at its core, an abuse of the rights of Nigerians not just to freedom of expression, but many other rights guaranteed in the Nigerian 1999 Constitution (as amended), the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights. This suspension, which is a reaction of the Nigerian government to the company’s enforcement of its platform rules, is aimed at insulating the government from criticism, especially by Nigeria’s youth who are over 70 per cent of the country’s population.

“It must be noted that Nigeria’s President has notably been insulated from every form of public accountability. He is perhaps the only president since the country’s return to democracy in 1999 who never grants live interviews or holds media chats. This move is therefore aimed at making him unaccountable to the people of Nigeria who constantly take to social media platforms to share their views on the actions and policies of the government.

“It is evident that shutting down Twitter is illegal and illegitimate policies such as this are unacceptable!

“A 2016 United Nations resolution affirms that the rights that citizens have offline must apply online. Coincidentally, this resolution was co-sponsored by Nigeria with others. We urge the Nigerian authorities to respect and enforce citizens’ fundamental rights as provided for by the Nigerian constitution and International human rights treaties that Nigeria is a party to.

“We will further contact the Ministry of Information to get exact details of this announcement, and the legal framework that supports such undemocratic pronouncement.”

Ruling Party’s Tacit Support

In tacit support of the suspension, the All Progressives Congress (APC) urged talented Nigerians to develop alternative social media applications. The National Secretary APC Caretaker and Extraordinary Convention Planning Committee (CECPC), John Akpanudoedehe, said such applications should be able to rival existing social media platforms and meet the demands of Nigerians.

He said: “Russia has VKontakte (VK) China has Weibo, among several homegrown social media platforms. The APC believes that Nigeria has the potential and talents that can develop alternative and competitive applications to existing platforms in the world. Twitter’s suspension will undoubtedly serve as a positive trigger to unleash creative potentials of Nigerians in the global digital space. This is a challenge to our vibrant youths with such talents.”

He said the APC had earlier released a statement, asking Twitter and other operators of social media pages to use their platforms to check divisive and inciting rhetorics, particularly in Nigeria, adding that “evidently, Twitter failed to do this and even allowed their platform to be used by arsonists, insurrectionists and separatists in the country. We are a democratic and independent nation. Citizens should defend our sovereignty by supporting the government’s Twitter suspension. It is in our national interest”.

Diplomatic Concerns
Once the ban was announced, Diplomatic Missions in Nigeria registered their displeasure and concerns

Condemning the move, British Deputy High Commissioner in Abuja, Gill Atkinson, said the federal government must not suppress basic freedom as all Nigerians have the right to freedom of speech.

Tweeting from @GillAtkinson11, she said: “All Nigerians have the right to freedom of speech and the responsibility not to misuse that right.
Any action taken by government must be measured, proportionate and not suppress basic freedoms.”

For the U.S. embassy, “Nigeria’s constitution provides for freedom of expression. The Government’s recent #Twitterban undermines Nigerians’ ability to exercise this fundamental freedom and sends a poor message to its citizens, investors and businesses.

” Banning social media and curbing every citizen’s ability to seek, receive, and impart information undermines fundamental freedoms. As President Biden has stated, our need for individual expression, open public conversation, and accountability has never been greater. The path to a more secure Nigeria lies in more, not less communication, alongside concerted efforts toward unity, peace, and prosperity.”

The Swedish government while noting that “safeguarding free, independent media and civic spaces for democratic voices is an important part of Sweden’s #DriveForDemocracy”, described the move as unconstitutional as “Nigerians have a constitutional right to exercise their freedom of expression and a right to access of information. This must be respected”.

Afterwards, the Diplomatic Missions of Canada, the European Union (Delegation to Nigeria), the Republic of Ireland, the United Kingdom and the United States of America issued a joint statement.

Expressing disappointment over the suspension of Twitter and proposing registration requirements for other social media, they said: “we strongly support the fundamental human right of free expression and access to information as a pillar of democracy in Nigeria as around the world and these rights apply online as well as offline.

“Banning systems of expression is not the answer. These measures inhibit access to information and commerce at precisely the moment when Nigeria needs to foster inclusive dialogue and expression of opinions, as well as share vital information in this time of the COVID-19 pandemic.

“The path to a more secure Nigeria lies in more, not less, communication to accompany the concerted efforts of Nigeria’s citizens in fulsome dialogue toward unity, peace and prosperity. As Nigeria’s partners, we stand ready to assist in achieving these goals.”

Also, MP James Duddridge, minister of Africa for the UK government said: “I am concerned that the Government of Nigeria has suspended Twitter. We hope that all Nigerians are able to enjoy their full rights to freedom of expression, and do so responsibly.”

Nigerians React

Atkinson was not the only high profile personality to condemn the unpopular move, as others like the former Vice President Atiku Abubakar wrote,
“Hopefully, this isn’t my last tweet. #smile.”

Also reacting, former Senate President, Bukola Saraki wrote, “No sir! This should not be the response from the president of a nation with a vibrant youthful population for whom #Twitter is part of their daily lives and a source of their income and livelihood. This must be reviewed.”

Tagging the Federal Ministry of Information and Culture, the “Federal Ministry of Emotional & Irrational Reactions”, Socio-economic, political commentator and social media expert Japheth Omojuwa was one of those that flayed FG’s decision.

He wrote, “With this Twitter suspension, does that mean government handles, at least FG ones, won’t be tweeting again until the suspension is lifted? Or will they do a soft delete of these accounts?”

The National Publicity Secretary, the Peoples Democratic Party (PDP), Mr. Kola Ologbodiyan, described the action as draconian and a slide towards a fascist regime.

The statement read this, “The party asserts that the suspension of twitter, is a vexatious, condemnable and barbaric move to muzzle Nigerians, particularly the youths, ostensibly to prevent them from holding the overtly corrupt, vindictive and divisive Buhari administration accountable for its atrocities, including human right violations, patronizing of terrorists and outright suppressive acts against innocent Nigerians.

“Our party is appalled that the federal government could exhibit such primitive intolerance and power intoxication because the social media giant demonstrated international best practices in not allowing the Buhari presidency to use Twitter as a platform to propagate and spread the Buhari administration’s hatred towards Nigerians.”

Governor Seyi Makinde of Oyo State noted that “as leaders, we should go beyond emotional reactions to issues and think about how our actions will affect the people we lead and our international ratings socially and economically.
Twitter has become the platform for young people and indeed all Nigerians to exercise their fundamental right to express and publish an opinion. They use the platform to complain, argue and give feedback to government and its agencies who in turn, use these to improve policies. This is a fundamental point that should be kept in mind as we debate the necessity of this suspension.

“We should also remember that Twitter has gone beyond a source of communication for many of our hardworking youths in Nigeria. It has become a source of livelihood for many, irrespective of their political affiliations or religious leanings. Nigerian youths and digital communications organisations earn a living from being able to use the platform to post communications on behalf of their clients.

“Others who may not have physical stores also rely on Twitter to give visibility to their products and services. Furthermore, I believe the federal government should be actively interested in how certain policies and action will affect investor confidence. I, therefore, use this medium to appeal to the federal government to reverse this suspension for the greater good of Nigerians.”

Media Intervention

As expected, the media waded into the matter. From the International Press Institute (IPI) to the Newspaper Proprietors’ Association of Nigeria (NPAN), Nigerian Guild of Editors (NGE) and Nigerian Union of Journalists (NUJ), they were unequivocal in their demand that the suspension be lifted.

Charging the government to backtrack, NPAN described their action as an overreaction, adding that “the action would not win us friends as closure of public space limits public discourse and democratic advancement. It is a futile exercise in any case, as other platforms are more likely to suspect Nigeria’s intentions towards democratic tenets and act adversarially towards Nigeria”.

NPAN President, Yusuf Kabiru said Twitter as a business is not infallible and can be influenced through high level engagement, to be a more responsive, liberal platform of public good and not a cynical champion of suspicious causes.

“There should be a compromise: Nigeria needs friends and not enemies at this critical juncture of her existence. She should not play into the hands of the enemies who are relentless is seeking to destroy and ostracise her. Banning Twitter is regressive and should be rescinded in favour of dialogue,” they added.

According to the NGE, the federal government should tread with caution and immediately reconsider the suspension of the operation of Twitter in Nigeria and seek other legitimate means of resolving its dispute with the company.

In a statement by Mustapha Isah (President) and Iyobosa Uwugiaren (General Secretary) respectively, the NGE said FG’s action has the unintended consequences of hindering free speech and jeopardising the economic interests of many Nigerians who rely on the social media platform for vital information to make informed business decisions daily.

Advising the federal government to desist from any action that could project the Nigerian government as a dictatorship, the Nigerian editors said that the action is an infringement on Section 39 of the 1999 Constitution and violates the right of Nigerians to interact freely on this platform.

In addition, they noted that it was a grave breach of Nigeria’s international obligations under article 9 of the African Charter on Human and Peoples’ Rights, and article 19 of the International Covenant on Civil and Political Rights.

Clarifying that the “federal government has the responsibility to safeguard the unity, peace and stability of Nigeria and any person or group that threatens this must draw its ire. In expressing its anger, government, however, ought to exercise restraints to avoid giving the impression that it is intolerant of opposing views and expression of opinions by individuals and corporate citizens’’,
the guild advised social media businesses, which provide micro-messaging services, to also beam their searchlight on the activities of those who want to use their platforms to cause divisions and spread hatred in the country and the global community as well.

Also, the IPI, while expressing concern over the suspension, said it is detrimental to the free press in Nigeria which uses twitter as a major platform.
In a statement by IPI Chairman and Secretary, Kabiru Yusuf and Raheem Adedoyin, respectively,
IPI noted the concern of the government on the use of twitter and other social media platforms to promote hate speech and disinformation, however, they urged twitter and other social media outfits to pay greater attention to the content they promote on their platforms which violate their own rules.

They also implored the government to reverse the suspension of twitter operations in Nigeria and engage in meaningful dialogue with the social media outfit on issues of concern to the government.

Legal Fight

Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has vowed to sue the federal government over the decision. While condemning the “illegal and unconstitutional suspension of Twitter’s Operations in Nigeria,” they called on the government to “immediately rescind the suspension within 48 hours or face legal action”.

Deputy Director, SERAP, Kolawole Oluwadare said: “The suspension of Twitter in Nigeria is a blatant violation of Nigerians’ rights to freedom of expression and access to information. The suspension has the character of collective punishment and is contrary to Nigeria’s international obligations.

“President Buhari must immediately rescind this unconstitutional suspension. We will see in court if the suspension is not rescinded within 48 hours. Suspending Twitter in Nigeria would deny Nigerians’ access to information, and disrupt the free exchange of ideas and the ability of individuals to connect with one another and associate peacefully on matters of shared concern.

“It would also seriously undermine the ability of Nigerians to promote transparency and accountability in the country, and to participate in their own government. We call on the Nigerian authorities to guarantee the constitutionally and internationally recognised human rights of Nigerians including online. Deletion of President Buhari’s tweets should never be used as a pretext to suppress the civic space and undermine Nigerians’ fundamental human rights.”

Also, the Nigerian Bar Association (NBA) said it will institute a lawsuit against the federal government following the decision to suspend Twitter’s operations in Nigeria. Olumide Akpata, NBA president, in a statement made via the social media platform, said the federal government lacked constitutional authority to back its decision.

Akpata described the government’s action as a “disguised attempt to regulate social media, restrict freedom of speech and shrink civic space”, adding that the government has also “suspended the right of Nigerians to freely express their constitutionally guaranteed opinions”.

He said if the decision is not reversed, the NBA will sue the government to protect the country’s democracy, adding that “whether one likes it or not, we are operating a constitutional democracy, the primary consequence of which is that everything must be done according to law; government must be conducted within the framework of recognised rules and principles which restrict discretionary power.

“The NBA finds no constitutional or legal authority to support the peremptory action of the federal government to suspend the operations of Twitter in Nigeria. Beyond the dent on our constitutional democracy, at a time when the Nigerian economy is unarguably struggling, the impact of arbitrary decisions such as this on investor confidence is better imagined.”

Legislative Stance

The House of Representative minority caucus has described the suspension as provocative, obnoxious, and unjustifiable. In a statement by the Minority Leader, Rep. Ndudi Elumelu, they reiterated that the government’s action to suspend the app was a clear violation of freedom of speech and other democratic rights and tenets as provided by the 1999 constitution as amended.

The caucus said further that the government suspending Twitter shows smacks of intolerance, insensitivity, and aversion to the views, opinions and aspirations of Nigerian citizens, especially the youths, on matters of the state, thus “our caucus rejects this thoughtless decision of the federal government which amounts to a clampdown and a direct infringement on the rights of Nigerians to free speech as guaranteed by the 1999 Constitution (as amended).

“It further shows the All Progressives Congress (APC) led administration as one that is unwilling to listen to Nigerians but ready to use any means to suppress and subjugate its citizens. Such response by the federal government has raised further concerns over the APC-led administration’s disturbing rating on issues of political intolerance, abuse of rights and violation of rules in our country. The minority caucus cautions that the development is capable of leading to further restiveness among Nigerians and worsen the situation in the country.”

Nigerian filmmaker turned politician, Desmond Elliot, representing Surulere at the Lagos State House of Assembly, also called on the federal government to reverse the suspension stating that the ban, “no matter the reasons proffered tramples upon our fundamental rights as people”.

Reminding the government that Nigerian youths trade their wares and advertise their businesses and services via the micro-blogging site, he said, “In a democratic society like ours, we must weigh the economic and social impact of this ban on the populace — especially our teeming youths and entrepreneurs who depend solely on this platform to carry out their legitimate business”.

Clarification by the Presidency
Given the backlash their action generated, the presidency issued another statement to shed light on the ban, clarifying that it was a “temporary suspension”.

In a statement on Saturday, Garba Shehu, presidential spokesman, said the suspension of Twitter in Nigeria is not only because Buhari’s post was deleted but 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. All the while, the company has escaped accountability”.

The statement reads in part “nevertheless, the removal of President Buhari’s tweet was disappointing. The censoring seemed based on a misunderstanding of the challenges Nigeria faces today. Major tech companies must be alive to their responsibilities. They cannot be allowed to continue to facilitate the spread of religious, racist, xenophobic and false messages capable of inciting whole communities against each other, leading to loss of many lives. This could tear some countries apart.

“President Buhari has therefore been warning against social media’s disruptive and divisive influences and the government’s action is not a knee-jerk reaction to Twitter’s preposterous deletion of his tweet which should have been read in full. The tweet was not a threat, but a statement of fact.

“A terrorist organisation (IPOB) poses a significant threat to the safety and security of Nigerian citizens. When the President said that they will be treated “in a language they understand,” he merely reiterated that their force shall be met with force. It is a basic principle of security services response world over.

“This is not promotion of hate, but a pledge to uphold citizens’ right to freedom from harm. The government cannot be expected to capitulate to terrorists. IPOB is proscribed under Nigerian law. Its members murder innocent Nigerians. They kill policemen and set government property on fire. Now, they have amassed a substantial stockpile of weapons and bombs across the country.
Twitter does not seem to appreciate the national trauma of our country’s civil war. This government shall not allow a recurrence of that tragedy.”

Present Situation

Despite the ban, Nigerians might have truly moved on as they have downloaded the VPN and continued their tweets but not without the voice of reason from some who are looking at life beyond the ban and what it portends for Nigeria as a nation.

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