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Court orders Lai Mohammed to disclose Nigeria-Twitter agreement

Lagos: The Federal High Court sitting in Lagos has mandated the  former Minister of Information and Culture, Alhaji Lai Mohammed , along with the Ministry of Information, to reveal the details of the agreement between the Nigerian Government and X, formerly known as Twitter.

In a judgement delivered by Hon. Justice Nnamdi Okwy Dimgba May 2024, following a Freedom of Information suit (FHC/L/CS/238/2022) filed by the Socio-Economic Rights and Accountability Project (SERAP). A certified true copy of the judgment was obtained last Friday.

The former minister of Information under Former  President Mohammadu Buhari  has been  compelled by Federal  High Court Judge,  Justice  Nnamdi Dimgba to provide a copy of the agreement to SERAP solely to ascertain its impact on the protection of fundamental human rights of Nigerians.”

The court stated that disclosing the agreement details is in the public interest and does not compromise Twitter’s business interests or Nigeria’s national security.

Justice Dimgba dismissed objections from the minister’s counsel and upheld SERAP’s arguments, ruling in favour of SERAP against the Minister and the ministry

The court found that the minister failed to demonstrate that the President followed due process to designate Twitter as a Critical National Information Infrastructure, nor was there an order in the Federal Gazette to that effect.

Justice Dimgba stated, “The disclosure of the Twitter agreement is not prejudicial to Nigeria’s sovereignty and national security or protected by the Official Secrets Act, as the minister has failed to prove the same.”

He noted that the minister’s argument about potential harm to Twitter’s business interests was hypothetical and lacked evidence of specific business or contractual interests that could be affected.

Kolawole Oluwadare, deputy director of SERAP, hailed the ruling as a triumph for internet liberty and democracy, and he urged President Bola Tinubu to promptly abide by the court’s directives.

SERAP urged President Tinubu to order the Attorney General’s office and the Ministry of Information and Culture to provide the specifics of the Twitter deal as directed by the court in a letter dated July 13, 2024.

In view of the government’s announcement on January 13, 2022, regarding the reinstatement of Twitter’s suspension and the platform’s adherence to Nigerian laws and culture, a lawsuit was brought against the former minister as well as the ministry of information and culture

On June 4, 2021, the Nigerian government suspended Twitter following the removal of a message by former President Muhammadu Buhari.

The former president was identified as a co-respondent in the lawsuit, and the court’s orders were explicitly intended towards the minister.

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