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Tag: SERAP

  • Court restrains Buhari, NBC from shutting down broadcast stations

    Court restrains Buhari, NBC from shutting down broadcast stations

    Justice Akintayo Aluko of a Federal High Court in Lagos on Monday stopped the President, Major General Muhammadu Buhari (retd.), and the National Broadcasting Commission from shutting down 53 broadcast stations in the country and revoking their licenses for allegedly failing to renew their licenses.

     

    The judge, in a suit filed by Socio-Economic Rights and Accountability Project, SERAP, and the Nigerian Guild of Editors, NGE, granted an order of interim injunction following the hearing of an argument on motion exparte by the plaintiff.

     

    SERAP and the NGE had last week filed a lawsuit against Buhari and the NBC, asking the court for “a declaration that section 10(a) of the Third Schedule to the NBC Act used by the NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the stations is unconstitutional and unlawful, as it violates freedom of expression.”

     

    In the suit, SERAP and the NGE had asked the court for “an order of interim injunction restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting their down operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.

     

    The suit is adjourned to September 8, 2022, for the hearing of the Motion on Notice for interlocutory injunction.

     

    The suit followed the decision by the NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.

     

    In suit number FHC/L/CS/1582/2022, SERAP and the NGE are asking the court to determine “whether section 10(a) of the Third Schedule to the NBC Act used by the NBC to threaten revoke the licenses of 53 broadcast stations and shut them down is not in inconsistent with freedom of expression and access to information.”

     

    SERAP and the NGE are also seeking “a declaration that section 10(a) of the National Broadcasting Act used by the NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.”

     

    The suit, read in part, “The provisions of the Nigerian Constitution and human rights treaties on freedom of expression indicate that this right can be exercised through any medium.

     

    “Effectively, these provisions recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.

     

    “The use of the NBC Act and Code, in this case, would inadmissibly open the door to arbitrariness and would fundamentally restrict the freedom of expression that is an integral part of the public order protected the Nigerian Constitution and human rights treaties to which Nigeria is a state party.

     

    “The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.

     

    “Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.

     

    “The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.

     

    “According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.

     

    “Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.

     

    “Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.

     

    “The right to freedom of expression is based on the right to establish or use a media outlet to exercise freedom of expression and on society’s right to have access to a free, independent, and pluralistic media that allows for the most and most diverse information.

     

    “The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.

     

    “The exercise of the right to freedom of expression through the media is a guarantee that is fundamental for advancing the collective deliberative process on public and democratic issues.

     

    “Therefore, the strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.

     

    “The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.

     

    “The Plaintiffs recognize the mandates of NBC to regulate broadcasting. However, the exercise of such mandates including renewals or revocation of licenses must follow the thresholds and guidelines set by the right to freedom of expression.

     

    “The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.

     

    “The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.

     

    “Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.

     

    “The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”

  • $23 million Abacha loot may be re-looted – SERAP says in Letter to Buhari

    $23 million Abacha loot may be re-looted – SERAP says in Letter to Buhari

    The Socio-Economic Rights and Accountability Project (SERAP) has said there are tendencies that the $23 million Abacha loot slated to be repatriated to Nigeria may be re – looted if not transparently accessed and utilised.

    The organization’s Deputy Director, Kolawole Oluwadare stated this in a letter to President Muhammadu Buhari.

    SERAP urged the President to direct the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) to provide our organisation with a copy of the agreement the Federal Government recently signed with the United States for the repatriation of $23 million stolen by late General Sani Abacha.

    In the letter dated 27 August, 2022, the organisation said by the combined reading of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the country’s international obligations, there are transparency obligations imposed on your government to widely publish the agreement on the $23 million Abacha loot.

    “Providing us with a copy of the agreement with the US, and publishing the agreement would allow Nigerians to scrutinise it, and to monitor the spending of the repatriated $23 million Abacha loot to ensure that the money is not mismanaged, diverted or stolen,” SERAP noted.

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    “We are concerned that the repatriated $23 million Abacha loot is vulnerable to corruption and mismanagement. Substantial part of the estimated $5 billion returned Abacha loot since 1999 may have been diverted, re-stolen or mismanaged, and in any case remain unaccounted for.”

    “The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities.

    “Your government has a responsibility to ensure transparency and accountability in how any repatriated stolen funds are spent, to reduce vulnerability to corruption and mismanagement.

    “SERAP also urges you to provide details of the transparency and accountability mechanisms that have been put in place to ensure that the repatriated funds are not mismanaged, diverted or re-stolen.

    “We would therefore be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.

    “Publishing a copy of the agreement signed with the US would also promote transparency and accountability in the spending of public funds. Nigerians are entitled to their constitutionally and internationally recognised human right to information.

    “Publishing a copy of the agreement would ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of repatriated loot.

    “The Freedom of Information Act, Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including to a copy of the agreement on the repatriated $23 million Abacha loot.

    “According to our information, the US government recently signed an agreement with the Federal Government to repatriate $23 million Abacha loot to Nigeria.

    “The agreement was signed on behalf of your government by Mr Abubakar Malami. This repatriation brings the total amount of funds repatriated in the Abacha case by the US to more than $334.7 million.”

  • Re-open voter registration for Nigerians – SERAP tells INEC

    Re-open voter registration for Nigerians – SERAP tells INEC

    Socio-Economic Rights and Accountability Project (SERAP) has directed the Independent National Electoral Commission (INEC) to allow people to process their voter registration ahead of the 2023 election in the country.

    SERAP  issued out a one-week ultimatum to Mahmood Yakubu to give room to seven million Nigerians to obtain their permanent voter cards (PVCs) and be eligible to vote in next year’s elections.

    SERAP cited INEC’s disclosure that out of 10,487,972 Nigerians who pre-registered, only 3,444,378 completed the process at a physical center.

    In a letter dated August 13, 2022, Deputy Director, Kolawole Oluwadare said denying eligible citizens the opportunity to complete their registration will affect trust in the process.

    SERAP accuses INEC of wanting to disenfranchise many Nigerians of the right to vote and choose candidates of their choice in the 2023 elections.

    SERAP told INEC that the failure of the applicants to complete their registration at designated centers “are not sufficiently weighty to justify their exclusion”.

    Oluwadare said the electoral umpire’s “proffered justification” of saving time and cost is insufficient.

    “Administrative convenience is simply not a compelling justification in light of the fundamental nature of the right to vote.”

    “Any proffered justifications of saving time and cost are therefore wholly insufficient. Administrative convenience is simply not a compelling justification in light of the fundamental nature of the right to vote.”

    “This severe vote deprivation cannot be justified by any perceived considerations of saving time, especially because Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters shall not stop not later than 90 days before any election covered by this Act.’”

    “Providing a fresh opportunity for the over seven million Nigerians to complete their registration would promote and preserve the right to vote, and ensure that legal and eligible voters are not inadvertently and unjustifiably turned away from exercising their fundamental right to vote.”

    “By refusing the over seven million Nigerians the opportunity to complete the registration for their PVCs, INEC has unfairly, unreasonably, and unjustifiably denied them the opportunity to be heard at a meaningful time and in a meaningful manner as to the reasons for not completing their registration.”

    “Voter distrust is apparent in virtually empty polling places on election days. Nigeria historically has had low levels of voter turnout.”

    “Allowing eligible Nigerians to complete their registration would improve citizens’ participation in the electoral process, and public confidence in the electoral system, as well as the ability of INEC to discharge its constitutional and statutory responsibility fairly, justly, and reasonably.”

    “The Nigerian Constitution 1999 (as amended) provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured by the provisions of this Constitution.’”

    SERAP quoted Section 9(6) of the Electoral Act 2022 which states that voter registration should end 90 days before a major election in the country.

     

     

     

     

  • Terrorism reporting: SERAP gives Buhari 48 hours to withdraw threat to sanction BBC, Daily Trust

    Terrorism reporting: SERAP gives Buhari 48 hours to withdraw threat to sanction BBC, Daily Trust

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “urgently instruct Mr Lai Mohammed, Minister of Information and Culture to withdraw the threat to sanction the BBC and Daily Trust over their documentaries on terrorism in the country, whether through the Nigeria Broadcasting Commission (NBC) or any other agency of government.”

    According to reports, Mr Mohammed had last Thursday stated that the Federal Government would sanction the BBC and Trust Tv for airing documentaries that allegedly “glorify”, “promote”, and “fuel” terrorism and banditry in Nigeria.

    In a letter dated 30 July, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organization said, “The media has the duty to impart information and ideas on issues of public importance. If carried out, the threat to sanction the BBC and Daily Trust would inhibit the media from reporting on issues of public interest.”

    According to SERAP, “Media houses and journalists ought to be given the room to determine how best to present information of public interest, especially information about the growing violence and killings across the country.”

    The organization said, “Rather than punishing the media for promoting access to diverse opinions and information on issues of public importance, your government should focus on delivering your promises to ensure the security of Nigerians.”

    The organization also said, “Carrying out the threat to sanction the BBC and Daily Trust would lessen the flow of diverse viewpoints and information to the public.”

    The letter, read in part: “We would be grateful if the requested action is taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions in the public interest.”

    “A free, uncensored, and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights. It constitutes one of the cornerstones of a democratic society.”

    “Sanctioning the BBC and Daily Trust would be entirely inconsistent and incompatible with Nigeria’s 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.”

    “The threat if carried out would impermissibly restrict the constitutional and international rights to freedom of expression, access to information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.”

    “Access to information is essential for the enjoyment of other human rights and freedoms and constitutes a fundamental pillar for building a democratic society and strengthening democracy.”

    “Allowing the media to freely carry out their duties is essential to building secure society and leaving no one behind. Conversely, imposing impermissible restrictions on media houses, journalists and other Nigerians undermines the security that builds a healthy and vibrant society.”

    “The grounds for sanctioning the BBC and Daily Trust as stated by Mr Mohammed fail to meet the requirements of legality, necessity, and proportionality.”

    “The requirement of necessity also implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘glorifying, promoting, and fuelling terrorism and banditry’ are not used as a pretext to unduly intrude upon the rights to freedom of expression and access to information.”

    “Any interference with the constitutional and legal duties of the BBC and Daily Trust would not be justified in the context of the right to information.”

    “The Federal Government has not shown that the documentaries by the media houses would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in the information provided by the documentaries.”

    “The documentaries by the BBC and Daily pose no risk to any definite interest in national security or public order.”

    “It is inconsistent and compatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of ‘glorifying, promoting, and fuelling terrorism and banditry’ as justifications for suppressing freedom of expression or withholding from the public information of legitimate public interest that does not harm national security.”

    “It is contrary to both the Nigerian Constitution and international standards to threaten or punish journalists and media houses such as the BBC and Daily Trust for disseminating such information.”

    “The vague and overbroad definitions of ‘glorifying’, ‘promoting’, and ‘fuelling’ raise concerns that the threat by the Federal Government if carried out would unduly interfere with the rights to access to information, and disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad grounds are open to arbitrary application and abuse.”

    “The broad definitions of what may constitute ‘glorifying’, ‘promoting’, and ‘fuelling’ also heighten concerns of overreach, confer far-reaching discretion on the government, and suggest that the grounds cited by the Federal Government are more intrusive than necessary.”

    “These words do not indicate precisely what kind of individual conduct would fall within their ambit.”

    “The use of these words by the Federal Government, given their opaque and ambiguous meaning, leaves open the possibility for application beyond unequivocal incitement to hatred, hostility, or violence. Such words may function to interpret legitimate reporting by media houses, journalists, and other Nigerians as unlawful.”

    “The grounds cited by the Federal Government for sanctioning the BBC and Daily Trust also fail to establish a direct and immediate connection between the reporting by the media houses and any risks to national security and peace.”

    “The threat if carried out would also create an environment that unduly deters and penalizes media houses and journalists, and the reporting of government wrongdoing more generally.”

    “The cumulative effect of any attempt to sanction the BBC and Daily Trust would be the gagging of the media from reporting on cases of violence and killings by terrorists and kidnappers, the reporting and information that is clearly in the public interest.”

    “SERAP recalls that in your 2022 new year message, you raised concerns about persistent insecurity in certain parts of the country and promised to remain ‘resolute in giving utmost attention to the problem.’”

    “While your government has the obligation to maintain national security, this obligation is not set apart from the obligation to protect and ensure human rights. National security is a necessary and integral part of the right to security guaranteed to each person individually.”

  • INEC announces new deadline for voters’ registration

    INEC announces new deadline for voters’ registration

    The Independent National Electoral Commission (INEC) has announced a new deadline for the ongoing continuous voter’s registration (CVR) exercise.

    TheNewsGuru.com (TNG) reports the new deadline is 31st July 2022, according to the electoral management body in a statement by Festus Okoye, National Commissioner and Chairman, Information and Voter Education Committee, INEC.

    The statement reads: “The Commission met in an extraordinary session today, Friday 15th July 2022, and discussed among other things, the suspension of the ongoing Continuous Voter Registration (CVR).

    “This followed the judgement delivered by the Federal High Court on Wednesday 13th July 2022 in which it dismissed the suit filed by the Socio-Economic Rights and Accountability Project (SERAP) which is seeking an extension of the exercise beyond 30th June 2022.

    “The Court has affirmed that INEC is at liberty to appoint a date of its choice to suspend the CVR. provided it is not later than 90 days before the date fixed for the General Election as provided in Sec. 9(6) of the Electoral Act 2022.

    “In compliance with the interim injunction of the Court pending the determination of the substantive suit, and in order to enable more Nigerians to register, the Commission continued with the CVR beyond 30th June 2022. For this reason, the CVR has already been extended beyond 30th June 2022 for a period of 15 days.

    “With the judgement of the Federal High Court, all legal encumbrances have now been removed. Accordingly, the Commission has taken the following decisions:

    “The CVR is hereby extended for another two weeks until Sunday 31st July 2022, thereby bringing the total duration of the extension to 31 days (1st-31st July 2022); the exercise has also been extended to eight hours daily from 9.00am – 5.00pm instead of the current duration of six hours (9.00am – 3.00pm) daily; and the exercise is also extended to include weekends (Saturdays and Sundays) as against only weekdays”.

    “We appreciate that the timeframe may be tight for many prospective registrants, but there is a lot that the Commission is required to do under the electoral legal framework in relation to voter registration and compilation of the register that will require time to accomplish.

    “For instance, the Commission is required to: Clean-up of the register to remove multiple registrants using the Automated Biometric Identification System (ABIS); Consolidate the national register of voters (existing voters and new registrants) and display same on Polling Unit basis for each of the 8,809 Registration Areas (Wards) across the 774 Local Government Areas nationwide for public scrutiny. This lasts for a period of one week. On the basis of a new projection of 95 million voters, on the basis of 10 voters per page, the Commission has to print 9,500,000 pages for the display:

    “Print millions of Permanent Voters Cards (PVCs) for all fresh registrants and applicants for transfer and replacement of lost or damaged PVCs: Ensure that there is ample time for voters to collect their PVCs ahead of the 2023 General Election: Print the final register of voters in triplicate for the 2023 General Election involving a projected 28,500,000 pages for accreditation and display at 176,846 polling units for national elections (Presidential and National Assembly) on 25th February 2023 and State elections (Governorship and State Assembly) on 11th March 2023; and 6. Make copies of the updated national register of voters available to political parties not later than 30 days to the date fixed for the General Election.

    “We appeal for the patience and understanding of all Nigerians as we conclude the exercise which will resume after the 2023 General Election.

    “We observed that following the continuation of the exercise beyond 30th June 2022, many of the registration centres recorded low turnout of prospective registrants. With this two-week extension, we appeal to eligible citizens not to wait until the last few days before they inundate the centres again to register.

    “We appreciate the interest of Nigerians to register and participate in the electoral process and once again reiterate our commitment to credible and transparent elections. This can only be achieved with the support and cooperation of all Nigerians”.

  • CVR: Why we can’t extend June 30 deadline – INEC

    Amid the growing public clamour for the June 30 deadline for the Continuous Voter Registration, CVR, to be extended, the Independent National Electoral Commission, INEC, has said it is unable to extend the exercise following a suit filed by the Socio-Economic Rights and Accountability Project, SERAP, and 185 concerned Nigerians.

     

    In the suit filed at the Federal High Court in Lagos, the plaintiffs are asking the court for, among other things, an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections.

     

    Speaking on rumours that the commission had agreed to extend the exercise for 60 days in line with the request of the House of Representatives, Mr Rotimi Oyekanmi, the Chief Press Secretary to INEC National Chairman, Prof Mahmood Yakubu, said the commission had not extended the June 30 deadline.

     

    In a telephone interview, Oyekanmi said, “INEC has not extended the CVR deadline. What the commission did about two weeks ago when we noticed pressure in particular areas, namely the South-East states, Lagos, Kano, and the Federal Capital Territory, was to send additional 209 INEC Voter Enrollment Devices to those areas to ease the CVR procedure.

     

    “The commission wanted to wait and assess the effect of that action to determine the next step, but that is by the way now because SERAP went to court and tried to stop us from stopping the CVR.

    CVR

     

     

  • It’s wrong to end voter registration – Court stops INEC from ending exercise

    The Federal High Court in Abuja, presided over by Justice Mobolaji Olajuwon, has told INEC that it is wrong for them to end the ongoing voter registration on June 30th, 2022.

    Making the pronouncement on Monday, the court granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP).

    SERAP and 185 concerned Nigerians had early this month filed the lawsuit against INEC asking the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights.”

    Related: Section 84(12) of Electoral Act 2022: Senate to appeal judgment of Federal High Court

    SERAP had demanded in the suit that the court for restrained INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the 30th June 2022 or any other date pending the hearing and determination of the motion on notice.

    The court adjourned the suit to the 29th of June, 2022 for the hearing of the Motion on Notice for interlocutory injunction.

    The suit followed the decision by INEC to extend the deadline for the conduct of primaries by political parties by six days, from June 3 to June 9.

    But the commission failed to also extend the online pre-registration which ended May 30 2022 and the Continuous Voter Registration ending June 30, 2022.

    In the suit number FHC/L/CS/1034/2022 filed at the Federal High Court, Lagos, and transferred to Abuja, SERAP is asking the court to determine “whether the failure of INEC to extend the deadline for voter registration is not a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards.

  • 2023 Elections: Court stops INEC from ending voter registration

    The Independent National Electoral Commission (INEC)  has been stopped by the Federal High Court in Abuja from ending voter registration on June 30, 2022.

    Justice Mobolaji Olajuwon (Court 10) on Monday granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP).

    SERAP’s Deputy Director, Kolawole Oluwadare, disclosed this in a statement forwarded to pressmen.

    SERAP and 185 concerned Nigerians had early this month filed the lawsuit against INEC, asking the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights.”

    In the suit, SERAP had asked the court for “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the June 30 2022 or any other date pending the hearing and determination of the motion on notice.”

    The suit, read in part: “Enforcing unrealistic voter registration deadline while extending the deadline for party primaries would deny and abridge the constitutional and international human rights of eligible voters.”

    “INEC mandates ought to be exercised in a fair, just and non-discriminatory manner. The extension of voter registration would ensure that Nigerian voters are treated equally and fairly. The future of Nigeria’s democracy depends on it.

    The suit is adjourned to June 29, 2022, for the hearing of the Motion on Notice for interlocutory injunction.

    The suit followed the decision by INEC to extend the deadline for the conduct of primaries by political parties by 6 days, from June 3 to June 9.

    In the suit number FHC/L/CS/1034/2022 filed at the Federal High Court, Lagos, and transferred to Abuja, SERAP is seeking the court to determine “whether the failure of INEC to extend the deadline for voter registration isn’t a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards.”

    The organization is also asking the court for “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections.”

    SERAP is asking the court for “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality and equal protection.”

     

     

  • SERAP sues Buhari over blockage of 72m subscribers SIM

    SERAP sues Buhari over blockage of 72m subscribers SIM

    The Socio-Economic Rights and Accountability Project (SERAP) has dragged President Muhammadu Buhari to court “over the failure to unblock the phone lines of over 72 million telecommunication subscribers barred from making calls on their SIMs.”

    Joined in the suit as Respondents are Mr Abubakar Malami (SAN), Minister of Justice and the Attorney General of the Federation and Mr Isa Pantami, Minister of Communications and Digital Economy.

    The suit followed the recent directive by the Nigerian Government to telecommunications companies to block outgoing calls on all unlinked lines, as the deadline for the verification expired on March 31. Following the directive, over 72 million subscribers have now been barred from making calls.

    In the suit number FHC/L/CS/711/2022 filed last week at the Federal High Court in Lagos, SERAP is seeking: “an order setting aside the directive by President Buhari to telecommunications companies to block outgoing calls on all unlinked lines without due process of law, and for being inconsistent with the requirements of legality, necessity and proportionality.”

    It is also seeking “an order of perpetual injunction restraining President Buhari and the Minister of Communications and Digital Economy, Isa Pantami from unlawfully directing telecommunications companies to block outgoing calls on all unlinked lines, without due process and in violation of Nigerians’ human rights.”

    In addition, the organisation is asking the court to direct and compel “President Buhari to ensure adequate infrastructure and logistics to allow Nigerians including persons with disabilities, older persons, and persons living in remote areas, to capture their data and conclude registration to obtain National Identity Number (NIN).”

    In the suit, SERAP is arguing that, “directing and compelling the Federal Government to unblock the phone lines unlawfully barred would be entirely consistent with the Nigerian Constitution 1999 [as amended], and the country’s international obligations to respect, protect, and promote socio-economic rights.”

    SERAP told the court that it would be in the interest of justice to grant the application.

    “Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory, and a travesty,” it noted.

    “The blocking of phone lines of Nigerians without due process of law has disproportionately affected those on the margins of society. This has resulted in the discrimination of marginalized or vulnerable groups.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “While Nigerian authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.

    “Fundamental rights are regarded as part of human rights and are protected to enhance human dignity and liberty.

    “Unblocking the phone lines unlawfully barred from making calls would improve respect for the rule of law, and ensure people’s right to freedom of expression, and access to information, as well as their right to associate with others.

    “The blocking of people from making calls constitutes impermissible restrictions on the rights to freedom of expression, information, and association.”

    SERAP said the rights of people must be protected online and offline.

    “Any restriction on these rights must be provided by law, be necessary in a democratic society and serve a legitimate aim,” it added.

    “The blocking of people from making calls on their SIMs also amounts to arbitrary or unlawful interference with their right to family life, and socio-economic rights, as it unnecessarily or disproportionately interferes with these fundamental human rights.

    “The decision to block the phone lines also appears to be arbitrary, and lacks any legal framework, independent and judicial oversight. This may allow authorities to act in an unfettered and potentially arbitrary or unlawful manner.”

  • SERAP, NGOs caution Lai Mohammed over harassment speech

    SERAP, NGOs caution Lai Mohammed over harassment speech

    The Socio-Economic Rights and Accountability Project, SERAP, and other NGOs have called on the Minister of Information and Culture, Lai Mohammed, to stop making “false statements” that some Nigerian NGOs “are working to destabilize Nigeria.”

     

    “We reject the allegation that the Socio-Economic Rights and Accountability Project (SERAP) and other NGOs that sued the Nigerian Government are working to destabilize Nigeria or against the country’s interest. We condemn the statement as a reckless attempt to incite Nigerians against NGOs and undermine their credibility.” The NGOs said in a statement.

     

    The statement was signed by Executive Director, Media Rights Agenda (MRA)- Edetaen Ojo, Deputy Director of SERAP- Kolawole Oluwadare, Executive Director, Paradigm Initiative (PIN)- Gbenga Sesan and Executive Director, Enough is Enough (EiE) Nigeria- Yemi Adamolekun.

     

    According to the statement: “Last month, Mr. Lai Mohammed, Nigeria’s Minister of Information and Culture, in his usual manner, made the unfounded and false statement that some Nigerian NGOs ‘are working to destabilize Nigeria’ and went on to attack NGOs that had exercised their constitutional right to challenge the Nigerian government in a court of law over the Federal Government’s indefinite suspension of Twitter in Nigeria.

     

    “Nothing could be further from the truth than the minister’s wild claims and allegations. We wish to state that the opposite is actually true, it is Nigerian NGOs that are striving to save Nigeria from being destabilized in the face of relentless efforts by Mr Mohammed and others like him in the government who are afraid of freedom of expression and other fundamental rights that should be enjoyed by all citizens of a democratic country.

     

    “Mr. Mohammed apparently believes that being a Minister gives him the authority to be the accuser, judge and jury and that anyone who disagrees with him or criticizes him, or the government he serves, is an enemy of the state. He could not be more wrong! In a constitutional democracy, citizens have a right and indeed a responsibility, either individually or in groups, to criticize their government and to insist that the government respects their fundamental rights and freedoms, within the laws of the land.

     

    “When Enough is Enough (EiE) Nigeria, International Press Center (IPC), Media Rights Agenda (MRA), Paradigm Initiative (PIN), the Centre for Journalism Innovation and Development (formerly known as Premium Times for Investigative Journalism), SERAP, Tap Initiative for Citizens Development (TICD), four journalists and other Nigerian citizens sued Nigeria over the suspension of Twitter’s operations in Nigeria, it was precisely to vindicate the rights that citizens have to freely express their opinions and an effort to provide relief from thousands, perhaps millions of Nigerians whose sources of income and businesses depended on their ability to use the platform.

     

    “We remain convinced that the Government’s action was illegal and unwarranted. It was further evidence of the commitment of President Buhari’s administration to close civic spaces and clamp down on the rights of citizens. While the cases are at various stages of the legal process at the Federal High Court and the Economic Commission of West African States (ECOWAS) Community Court, we remain committed to our work of upholding democracy – including the fundamental right to freedom of speech – in Nigeria.

     

    “Mr Mohammed stated that “the government was in receipt of reports that some of the NGOs were on the payroll of foreign agents, traducers with ulterior motives to destabilize Nigeria”. We challenge him to release the list of these NGOs, along with those that are, according to him, “not working for the interests of the people of the nation” and proceed to prosecute them in accordance with Nigeria’s laws.

     

    “We know that Mr Mohammed was in charge of propaganda for his political party for many years before his party won the general elections in 2015, so we understand the need for him to counter any opposing view even if it is the truth. However, we wish to remind him that the same NGOs that worked to ensure people like him – and all citizens – enjoy their fundamental rights to freedom of expression are the same ones he is now seeking to suppress.

     

    “We will continue to support Nigeria’s democracy regardless of the reaction of temporary occupiers of various government seats. We remain committed to universally established democratic ideals and will continue to challenge any breach or attempted breach of the fundamental rights of citizens as enshrined in the Constitution of the Federal Republic of Nigeria (1999, as amended), supported by other regional and international instruments that Nigeria has subscribed to.”