Eholor vs FG: ECOWAS Court Adjourns Judgment On Nigeria’s Twitter Ban To January 2022

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The Community Court of Justice of the Economic Community of West African States(ECOWAS) Court has adjourned for judgement of all the consolidated four cases brought before it by different applicants against the Federal Republic of Nigeria over the ban of the microblogging platform, Twitter in Nigeria.

In a virtual court sitting held via Zoom on 29th September 2021, the ECOWAS Court in the hearing of the consolidated cases marked as ECW/CCJ/APP/23/21, ECW/CCJ/APP/29/21, ECW/CCJ/APP/24/21, and ECW/CCJ/APP/26/21 heard all applications of parties and the amicus curea, and adjourn for judgement to 20th January 2022.

The cases were filed by the Socio-Economic Rights and Accountability Project and 196 others, Media Rights Agency and 8 others, Malcolm Omirhobo, and Patrick Elohor respectively.

In the different submission before the ecowas court, Ihensekhien Samuel Jnr, who is the counsel Patrick Eholor, as Patrick Eholor also double as the global president of One Love Foundation, noted and admonish the court, that contrary to varying sections of different Africa charter, ECOWAS charter and protocols on rights to information, technology, expressions and communication, of which the defendant, which is FG of Nigeria is a party to, that fg of Nigeria actually in bad fate, suspended the operations of Twitter incorporated in Nigeria,without adducing legitimate and legal reasons, as the jurisprudence of right to communication, may not be totally absolute in circumstances, but it prevails and supercedes whatever reasons, the Nigeria state may have and would have given to suspend the rights of Nigerians to usage of Twitter.

Ihensekhien Samuel Jnr also argued that usage of Twitter in Nigeria is essentially a further expression of freedom to information and communication, and suspension of Twitter by the fg of Nigeria, is draconian , illegal, unconstitutional and smacks of breach of basic rights of all Nigerians.

He refered the court to the decision of Arthur Nwankwo vs state, wherein the local courts of Nigeria, being the defendant in this case actually deprecated and nullify the outdated sections of the Penal Code act that bothers on sedition, where Nigeria or the defendants counsel is hinging as a ground to further criminalise usage of Twitter.

As that by this aforementioned court decision above and case of Chike Obi vs DPP, the law of sedition in Nigeria is dead and No longer exist, and lastly he urged the court to grant monentary claims in million dollars to all applicants in this case and all Nigeria citizens for breach vide suspension of Twitter .com by the federal government of Nigeria .

The other counsels also argued their case respectively and amicus curea adopted their respective briefs and court adjourn to 20th January 2022 for judgement.

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