The Federal High Court in Lagos has delivered a landmark judgment requiring Alhaji Lai Mohammed, former Minister of Information and Culture, and the Ministry of Information to disclose the details of the agreement between the Federal Government and X, formerly Twitter. This ruling aims to determine if the agreement respects Nigerians’ human rights online.
The judgment was issued in May 2024 by Hon. Justice Nnamdi Okwy Dimgba, following a Freedom of Information suit brought by the Socio-Economic Rights and Accountability Project (SERAP). The certified copy of the judgment was obtained last Friday. Justice Dimgba ruled that the former minister and the Ministry of Information must provide SERAP with the agreement between the Nigerian Government and Twitter to assess its impact on Nigerians' fundamental human rights.
Justice Dimgba emphasized that disclosing the agreement is in the public interest and does not harm Twitter’s business interests or compromise Nigeria’s sovereignty and national security. He also dismissed the minister’s objections and upheld SERAP’s arguments, ruling in their favor.
In his judgment, Justice Dimgba noted that the minister failed to prove that the President followed due process to designate Twitter as a Critical National Information Infrastructure based on the National Security Adviser’s recommendation. He concluded that disclosing the Twitter agreement does not jeopardize Nigeria’s sovereignty or national security, nor is it protected by the Official Secrets Act.
The court found the minister’s defense hypothetical and unsupported by specific evidence of how Twitter’s business interests would be harmed. Justice Dimgba stated that the disclosure would not interfere with Twitter's commercial interests or lead to financial losses, as claimed by the minister. He highlighted that Section 15(4) of the Freedom of Information Act only considers real, not hypothetical, financial losses or competitive harm.
Justice Dimgba acknowledged SERAP’s legitimate interest in understanding how the agreement affects Nigerians' human rights. He rejected the argument that national security concerns outweigh the public interest in this case, noting that the Cybercrimes (Prohibition and Prevention Act) 2015 does not apply to the Twitter agreement.
The judgment directs the minister to provide a copy of the agreement to SERAP, enabling them to assess its compliance with Nigerian constitutional human rights provisions and international obligations. The court acknowledged that Twitter’s suspension from Nigeria was initially to protect the country’s corporate existence, but the subsequent agreement’s terms need to be transparent.
Femi Falana, SAN, praised the judgment as a confirmation of Nigerians’ rights to freedom of expression and access to online information. SERAP’s deputy director, Kolawole Oluwadare, hailed the decision as a victory for online freedom of expression and privacy, urging President Bola Tinubu to comply with the court’s orders.
In a letter dated 13 July 2024, SERAP urged President Tinubu to respect the rule of law by enforcing the judgment. They called on the Ministry of Information and Culture and the Attorney General’s office to disclose the Twitter agreement details as ordered.
The suit, filed against the former minister of information and culture, followed the Nigerian Government’s statement on January 13, 2022, after lifting Twitter's suspension, asserting that Twitter would respect Nigerian laws and culture. The suspension was initially imposed on June 4, 2021, after Twitter removed a post by former president Muhammadu Buhari. The court’s orders were directed against the minister, though the former president was also named in the suit.
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