• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
    • PR Nigeria Award
  • E-Paper
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • Mohammed Idris Malagi, Honorable Minister of Information and National Orientation

      FG Reaffirms Non-Interference in ICPC, EFCC Operations

      ICPC Secures Conviction of Rector for Running Unaccredited Degree Programmes

      Engr Abba Babagana Dalori

      Engr Dalori Forfeits Galaxy Hospital, Petrol Station, Properties & Cash

      Chinese nationals jailed in Lagos

      Court Jails Nine Chinese Nationals for Cybercrime in Lagos

      ASUU

      Tackle Corruption, Institutional Decay – ASUU Charges FG

  • Fact-Check
  • Economy
    • NUPENG

      NUPENG Suspends Strike After Truce With FG, Labour, Oil Stakeholders

      Customs, Defence Bureau Unveil Airboat for Smuggling War

      Customs Begins Live Operations of Automated Excise Register System

      Still on the “National Single Window” Project By Abdulsalam Mahmud

      Minister of Finance Wale Edun and the Comptroller General of Customs Bashir Adeniyi decorating OP Olaniyan

      Customs Generates N3.7trn in H1 2025 as FG Targets Enhanced Private…

  • National
    • NUPENG

      NUPENG Suspends Strike After Truce With FG, Labour, Oil Stakeholders

      Senator Shehu Umar Buba

      Northern Youth Coalition Defends Senator Buba, Condemns Smear Campaigns

      UNODC, ONSA Push Open Source Intelligence to Combat Cybercrime

      Kaduna-Abuja Railway: An Urgent Call for Improved Maintenance and Security Compliance…

      Customs Board Approves $300 Duty-Free Limit for Imports to Boost Commerce

    • Government
      • Senator Shehu Umar Buba

        Northern Youth Coalition Defends Senator Buba, Condemns Smear Campaigns

        AU, Nigeria Sign MoU to Bolster Counter-Terrorism Efforts

        Kaduna-Abuja Railway: An Urgent Call for Improved Maintenance and Security Compliance…

        ICPC, State Information Chiefs Forge New Alliance to Combat Grassroots Corruption

        Shettima Condemns Borno Attack, Assures Perpetrators Won’t Escape Justice

  • Security
    • Mohammed Idris Malagi, Honorable Minister of Information and National Orientation

      FG Says Shea Export Suspension Will Create Jobs, Spur Investment

      Nigerian Police Force

      Kwara Police Release 48 Suspects After Finding No Criminal Links

      Commandant General of the Nigeria Security and Civil Defence Corps (NSCDC), Dr. Ahmed Abubakar Audi

      NSCDC Moves to Arrest Killers of 8 Operatives in Edo, Deploys…

      UNODC, ONSA Push Open Source Intelligence to Combat Cybercrime

      Military troops

      Troops Rescue 5 Kidnap Victims, Repel Multiple Bandit Attacks in Katsina

  • Features
    • Chief of the Air Staff (CAS), Air Marshal Hasan Bala Abubakar, and delegation from the United States Institute of Security Governance led by retired Major General Miguel Castellanos,

      Nigeria, US to Expand Air-Ground Integration for Safer Counterterrorism Operations

      Kaduna-Abuja Railway: An Urgent Call for Improved Maintenance and Security Compliance…

      IPRA GWA WINNER Logo 2018

      The Human Factor: IPRA President Addresses AI’s Role in PR

      Brig Gen Mohamed Buba Marwa (rtd)

      Marwa, A Man of Uncommon Grace at 72 By Femi Babafemi

      PRNigeria logo fearured image

      Recollecting a Media Dialogue on Words and Extremism in Abuja

  • State
    • Commandant General of the Nigeria Security and Civil Defence Corps (NSCDC), Dr. Ahmed Abubakar Audi

      NSCDC Moves to Arrest Killers of 8 Operatives in Edo, Deploys…

      Military troops

      Troops Rescue 5 Kidnap Victims, Repel Multiple Bandit Attacks in Katsina

      Police Officer

      Security Forces Foil Robbery Attack on Abuja–Kaduna Highway, Enhance Patrol Along…

      CP Ajao Saka Adewale

      FCT Police Warn Residents Against Bribing Traffic Officers

      A Group of Terrorists/Bandits

      Borno Village Attack Leaves Dozens Dead, UN Condemns Violence

  • Event
    • PHOTOS: BUK Alumni Association Launches Digital Hub to Unite Global Graduates,…

      Founder Image Merchant Promotion Ltd, Yushau Shuaib, Nigeria Customs CG, CGC Bashir Adewale Adeniyi and the IPRA representative during the 2024 GWA awards in Belgrade, Serbia

      Again, ​IPRA Shortlists Nigeria Customs, IMPR for Golden World Awards, Celebrates…

      BUKAA Announces 2025 AGM at BUK New Campus: Join In-Person or…

      Vice President Kashim Shettima and President Bola Ahmed Tinubu

      Shettima at 59: Tinubu Hails VP’s Loyalty, Commitment to Service

      Erasmus Ikhide damaged Vehicle and Dangote Cement Truck

      Erasmus Ikhide Narrowly Escapes Death in Collision with Dangote Truck

    • PR Nigeria Award
  • E-Paper
Home Government The Legal Backings on Lawful Ban of Twitter on Nigeria- Lai Mohammed
  • Government

The Legal Backings on Lawful Ban of Twitter on Nigeria- Lai Mohammed

By
Prnigeria
-
June 23, 2021

The Legal Backings on Lawful Ban of Twitter on Nigeria- Lai Mohammed

Presentation by the Honorable Minister of Information & Culture, Alh. Lai Mohammed to the House Representatives Joint Committee on the Suspension of Twitter in Nigeria

Notes on the lawful Ban on Twitter in Nigeria.

1. Public Interest takes precedent over individual interest

Section 45(1) of the 1999 Constitution (as amended) is to the effect that:

“45 (1) Nothing in Sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society:
a. In the interest of defence, public safety, public order, public morality or public health or;
b. The purpose of protecting the rights and freedom of other person”

The above provisions of Section 45 of the Constitution leave no one in doubt that the provisions of Section 39 of the Constitution on Freedom of Expression is not absolute. The right to free expression within the contemplation of Section 39 makes it a qualified right in light of the aforementioned Section 45, which permits restrictions of civil liberties in the public interest. In the circumstance the provisions of Section 3 of the National Security Act, which clothes the State Security Services (SSS) with the powers to preserve the internal security of Nigeria is instructive, as it provides a lawful basis for the Federal Government to maintain that the ban of Twitter was pursuant to the security reports of the SSS in this regard.

For clarity, Section 3 of the National Security Act reads:

​(3) The State Security Service shall be charged with responsibility for-

(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

(b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and

(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.
(Underlined is ours for emphasis)

Furthermore, the rights to Freedom of Expression on the Twitter platform is further qualified by Section 45 of the Constitution in light of the provisions of Section 5(1) and (2) of the Terrorism Act of 2011. For clarity, the section reads:

Any person who knowingly in any manner directly or indirectly solicits or renders support:

“1 (a) for the commission of an act of terrorism; or
(b) to a terrorist group, commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years
2 For the purposes of sub section 1 of this section, “support” includes:
(a) incitement to commit a terrorist act through the internet or any electronic means or through the use of printed materials or through the dissemination of terrorist information”.

Furthermore, Section 14(2)(b) of the Constitution provides that the security and welfare of the people shall be the primary purpose of the government.

2. CAMA’s POSITION: TWITTER NOT LICENSED TO DO BUSINESS IN NIGERIA

Read Also:

  • NUPENG Suspends Strike After Truce With FG, Labour, Oil Stakeholders
  • FG Says Shea Export Suspension Will Create Jobs, Spur Investment
  • Nigeria, US to Expand Air-Ground Integration for Safer Counterterrorism Operations

• The primary law governing businesses in Nigeria is the Companies and Allied Matters Act, 2020 (the Act). As it regards that operation of a foreign companies in Nigeria, the law provides that a foreign company which fails to take necessary steps to obtain incorporation as a separate entity in Nigeria for that purpose, but until so incorporated, the foreign company shall not carry on business in Nigeria or exercise any powers of a registered company. See Section 78 (1) Companies and Allied Matters Act, 2020. Hence, flowing from this background a foreign Company as Twitter cannot be clothed with the legitimate rights to operate as a company registered in Nigeria, as they are not licensed accordingly.

3. PERSONAL LIBERTY CAN BE SUSPENDED WHEN THE INTEREST/RIGHTS OF THE MAJORITY IS AT STAKE

• Notwithstanding the foregoing, it is also observed that the operations of Twitter in the Nigerian social space is not legally permissible when it is used in airing of information that endangers the life and security of the majority of citizens of Nigeria. The principles of law are clear on the exercise of personal human rights in the face of National security threats which affects the larger citizen.

THE REQUISITE LEGAL BACKING FOR THE FEDERAL GOVERNMENT OF NIGERIA, TO PROTECT OUR CYBER SPACE.

THE COMBINED EFFECT OF THE FOLLOWING PROVISIONS VIZ:

ARTICLE 24,25 AND 26 OF AFRICAN UNION ON CYBER SECURITY AND PERSONAL DATA PROTECTION.
ARTICLE 19(2) AND (3) OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
SECTION 1, 2, 3 AND 4 OF THE CYBER CRIMES (PROHIBITION AND PREVENTION E.T.C.) ACT.

•​Empowers the Federal government of Nigeria to regulate and promote the security of the Nigerian Cyber space, including but not limited to:

The cyber environment and organization and user’s assets. Organization and ​user’s assets include connected computing devices, personnel, infrastructure, applications, services, telecommunications systems, and the totality of transmitted and/or stored ​information within the Nigerian cyber-Space/environment (including social media such as Twitter, Facebook…, applications, internet platforms, and cloud computing platforms)

•​Furthermore, the Federal Government of Nigeria is empowered to take all necessary measures, give all necessary Orders designating any computer system, network or application as forming part of our national infrastructure, and take all necessary steps, (including suspension of Twitter or any other social media) to protect Nigeria’s critical infrastructure from a cyber-Threat or attack.

•​Following the above, the Federal Government of Nigeria is further empowered to take all reasonable steps to defend its cyber space where it perceives or finds that a Cyber-crime, is threatened to be committed, has been committed, or is being committed on and through its cyber space. For instance, where a seditious act has been committed against the Federal Government through the Cyber Space. (See Section 51 (2) of the Criminal Code which punishes the crime of sedition). In the circumstance, the decision of the Federal Government to ban the activities of Twitter for being a national security threat is well founded in law in light of the fact that the platform affords IPOB, an organisation already proscribed by the Federal High Court, to champion its seditious and terrorist based activities.

By PRNigeria

VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • Lai Mohammed
  • Legal
  • Nigeria
  • Twitter
Previous articleThe Birth of National Traffic Radio for Road Safety, By Bisi Kazeem
Next articleNYSC Sanctions Corps Members over Unethical Practices
Prnigeria
Prnigeria
Xing

RELATED ARTICLESMORE FROM AUTHOR

Senator Shehu Umar Buba

Northern Youth Coalition Defends Senator Buba, Condemns Smear Campaigns

AU, Nigeria Sign MoU to Bolster Counter-Terrorism Efforts

Kaduna-Abuja Railway: An Urgent Call for Improved Maintenance and Security Compliance By Samuel Aruwan

Military troops

Niger Delta Operations: Troops Arrest 35, Recover Arms and Stolen Oil

NAF Establishes Forensic, Digital Crime Lab to Tackle Insecurity

ICPC, State Information Chiefs Forge New Alliance to Combat Grassroots Corruption

Shettima Condemns Borno Attack, Assures Perpetrators Won’t Escape Justice

Omoyele Sowore and President Bola Ahmed Tinubu

​DSS Demands Retraction, Apology from Sowore Over Comments on Tinubu

A Group of Terrorists/Bandits

Borno Village Attack Leaves Dozens Dead, UN Condemns Violence

PHOTOS: BUK Alumni Association Launches Digital Hub to Unite Global Graduates, Drive University Development

Founder Image Merchant Promotion Ltd, Yushau Shuaib, Nigeria Customs CG, CGC Bashir Adewale Adeniyi and the IPRA representative during the 2024 GWA awards in Belgrade, Serbia

Again, ​IPRA Shortlists Nigeria Customs, IMPR for Golden World Awards, Celebrates 70th Anniversary in Africa

Army Neutralize Notorious Bandit Leader, Others, Rescue Victims, Recover Weapons in Kogi

Recent Posts

  • NUPENG Suspends Strike After Truce With FG, Labour, Oil Stakeholders
  • FG Says Shea Export Suspension Will Create Jobs, Spur Investment
  • Nigeria, US to Expand Air-Ground Integration for Safer Counterterrorism Operations
  • Kwara Police Release 48 Suspects After Finding No Criminal Links
  • Northern Youth Coalition Defends Senator Buba, Condemns Smear Campaigns
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
NUPENG Suspends Strike After Truce With FG, Labour, Oil StakeholdersFG Says Shea Export Suspension Will Create Jobs, Spur InvestmentNigeria, US to Expand Air-Ground Integration for Safer Counterterrorism OperationsKwara Police Release 48 Suspects After Finding No Criminal LinksNorthern Youth Coalition Defends Senator Buba, Condemns Smear CampaignsNSCDC Moves to Arrest Killers of 8 Operatives in Edo, Deploys Special SquadsUNODC, ONSA Push Open Source Intelligence to Combat CybercrimeTroops Rescue 5 Kidnap Victims, Repel Multiple Bandit Attacks in KatsinaSecurity Forces Foil Robbery Attack on Abuja–Kaduna Highway, Enhance Patrol Along Rail LineAU, Nigeria Sign MoU to Bolster Counter-Terrorism EffortsKaduna-Abuja Railway: An Urgent Call for Improved Maintenance and Security Compliance By Samuel AruwanThe Human Factor: IPRA President Addresses AI's Role in PRNigeria, African Union Sign MoU on Intelligence Sharing, CounterterrorismNiger Delta Operations: Troops Arrest 35, Recover Arms and Stolen OilMarwa, A Man of Uncommon Grace at 72 By Femi Babafemi
X whatsapp