The Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organization, has filed a lawsuit asking the court for an order of perpetual injunction to restrain President Muhammadu Buhari and the Minister of Communication and Digital Economy, Isa Pantami, from unlawfully shutting down telecommunication networks in any part of the country.
SERAP, in the suit number FHC/ABJ/CS/1323/2021 filed at the Federal High Court, Abuja, is asking the court to determine whether the shutdown of telecommunication networks in any part of Nigeria by the Buhari administration is unlawful and a violation of the rights of access to correspondence, freedom of expression, information and the press.”
SERAP is also asking the court to determine whether the shutdown of telecommunication networks in any part of the country is inconsistent with the principles of legality, proportionality and necessity, and the rights of access to correspondence, freedom of expression, information and the press.
SERAP is also asking the court to determine whether the shutdown of telecommunication networks in any part of the country is inconsistent with the principles of legality, proportionality and necessity, and the rights of access to correspondence, freedom of expression, information and the press.
The suit, which has been assigned to Justice Ahmed Mohammed at Court 4, is fixed for hearing on January 11, 2022.
Joined in the suit as defendant is the Nigerian Communications Commission (NCC).
SERAP is arguing that, “Large-scale shutdowns of communication networks are a form of collective punishment. Shutdowns exert significant chilling effects, with direct implications on participatory democracy, whose existence depends upon an active and informed citizenry capable of engaging with a range of ideas.”
According to SERAP, “The Buhari administration has constitutional and international legal obligations to enable access to the Internet for all, as access to the Internet is inextricably linked to the exercise of freedom of expression and information.”
SERAP is also arguing that, “Access to information, the ability to exercise the right to freedom of expression and the participation that internet and telecommunication networks provide to all sectors of society is essential for a truly democratic society.”
Source: independent