Politics
Court Orders Lai Mohammed To Disclose Agreement Between FG And X
In a landmark judgement, a Federal High Court sitting in Lagos, has ordered Alh Lai Mohammed, former Minister of Information and Culture and the ministry of information to disclose the details of the agreement between the Federal Government and X, formerly Twitter, to assess whether the agreement complies with the exercise of Nigerians’ human rights online.
The judgment was delivered in May 2024 by Hon. Justice Nnamdi Okwy Dimgba following a Freedom of Information suit number: FHC/L/CS/238/2022, brought by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the judgment was obtained last Friday.
In his judgment, Justice Dimgba held that, “The former minister and the Ministry of Information are directed and compelled to provide a copy of the agreement between the Nigerian Government and Twitter to SERAP solely to ascertain its impact on the protection of fundamental human rights of Nigerians.”
According to Justice Dimgba, “Disclosing the details of the agreement between the Nigerian Government and Twitter is in the public interest and does not affect Twitter’s business interest as a third party. It is also not prejudicial to Nigeria’s sovereignty and national security.”
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Justice Dimgba also stated that, “The agreement between the Nigerian Government and Twitter must still be disclosed irrespective of the harm to Twitter if it would be in the public interest to make sure disclosure.”
Justice Dimgba dismissed the objections raised by the minister’s counsel and upheld the SERAP’s arguments.
Justice Dimgba further said, “The minister has failed to prove that the President has followed due process of law to designate Twitter as a Critical National Information Infrastructure upon the National Security Adviser’s recommendation and issued an Order in the Federal Gazette in that regard.”
Justice Dimgba’s judgment, dated 28 May, 2024, read in part: “Therefore, I hold that 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.
“The first question that needs to be answered is how the need to disclose the agreement is outweighed by the importance of protecting the commercial interests of the third party, Twitter.
“The former minister has unequivocally argued that the disclosure could harm Twitter’s business interests in other jurisdictions, potentially with Twitter’s contractual negotiations.
“However, this defence is hypothetical and does not point to the specific business or contractual interests of Twitter that could be affected.
“It is my view that the disclosure of the details of the agreement as requested by SERAP will not interfere with the commercial interests and trade secrets of Twitter or lead to financial losses to it, as the former minister has failed to prove the same.
“Besides, Section 15(4) of the Freedom of Information Act envisages only real and not hypothetical financial loss or gain to or prejudice to, the competitive position of or interference with contractual or other negotiation of a third party like Twitter which could be affected by the disclosure.
“No evidence was placed before this Court pointing to the fact that Twitter has an agreement with another country as a precondition for its operation in such jurisdiction as obtainable in Nigeria.
“I am of the view that SERAP has a legitimate reason to wish to be availed of the agreement, which is to understand how the agreement affects them and other Nigerians as far as the protection of the human rights of Nigerians are concerned.
“Another point of controversy is whether the need to disclose the agreement for public interest is subject to the need to protect national sovereignty, as argued by the minister. National sovereignty depending on context is synonymous with national security.
“In most cases, the need for national security outweighs public interest, including protection of fundamental human rights. In this case, however, I am of the view that the reason for the refusal by the minister to disclose the agreement does not come within the need to protect national security and sovereignty.
“The minister’s defence is predicated on the Cybercrimes (Prohibition and Prevention Act) 2015 but has failed to prove how the Act relates to the Twitter agreement other than mentioning the same.
“More than merely linking SERAP’s request for the agreement to ‘critical national information infrastructure’ in section 3 of the Cybercrime (Prevention and Prohibition) Act, nothing more is said about its relevance and how it supports non-disclosure of the Twitter agreement.
“As such, the Cybercrime Act cannot apply to this case, and the protection that would have availed the minister is exempted. The minister also failed to prove how SERAP’s request for the agreement between the Nigerian Government and Twitter came within the protection of the Official Secrets Act.”
“SERAP’s lawsuit falls within the framework of Section 20 of the Freedom of Information Act.
“The minister is directed and compelled to provide a copy of the agreement requested to SERAP to enable the organization to study the same and come to an assessment of whether the agreement incorporates the provisions of Chapter IV of the Nigerian Constitution 1999 [as amended] on fundamental human rights and Nigeria’s international human rights obligations.
“It is clear that Twitter was from the beginning ostensibly suspended from operating in Nigeria’s cyberspace solely to protect the country’s corporate existence. The same ban was lifted after Twitter reached agreement with the Nigerian Government on some terms and conditions for its operation in Nigeria’s cyberspace and the former minister has not denied the existence of such an agreement.
“SERAP’s request does not involve disclosing personal information but relates to an agreement between the government and an international company that plays in the social media and public data space.
“By paragraph 13 of SERAP’s affidavit evidence, the organization requested a copy of the agreement to know whether it complies with Nigeria’s domestic fundamental human rights laws and international treaties to which the country is a state party.
“SERAP’s request seeks clarification on the scope and enforcement of the agreement to ensure it complies with fundamental human rights laws. For emphasis, matters of human rights enforcement fall within the ambit of public interest, as can be gleaned from a holistic understanding of Section 15(4) of the Freedom of Information Act.
“Thus, a public institution may grant a request for information on human rights protection grounds within Section 15(4) of the FOI Act, provided that the importance of granting the same outweighs the commercial interests of the third party.
“Particularly, Order 1 Rule 2 of the Fundamental Rights Enforcement Procedure Rules 2009 provides that public interest ‘includes the interest of Nigerian society or any segment of it in promoting human rights and advancing human rights law.
“Paragraph 3(1)(3)(d) of the Guidelines on the Implementation of the Freedom of Information Act Revised recognizes the following factor as constituting public interest ‘allowing individuals and companies to understand decisions made by authorities affecting their lives, and in some cases, assisting individuals in challenging those.
Reacting to the judgment, Femi Falana, said, “We commend Justice Dimgba for this landmark judgment. This is a judicial confirmation of Nigerians’ rights to freedom of expression, and access to information online. We call on the government of President Bola Tinubu to immediately implement the judgment.”
In the letter dated 13 July 2024 sent to President Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
The SERAP’s letter, read in part: “We urge you to direct the Ministry of Information and Culture and the office of the Attorney General of the Federation to immediately disclose the details of the Twitter agreement, as ordered by the court.
“The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, freedom of expression including digital and data rights in Nigeria.
“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”
The suit was filed against the former minister of information and culture. The suit followed the Nigerian Government’s statement on 13th January 2022 after lifting the suspension of Twitter operations in Nigeria, to the effect that, “Twitter has agreed to act with a respectful acknowledgement of Nigerian laws and the national culture and history.”
Recall that the Nigerian Government suspended Twitter on June 4, 2021 after it removed a post from former president Muhammadu Buhari.
The former president was joined in the suit as Co-respondent but the court gave the orders against the minister.
It was a plethora of pleasantries in Osogbo on Thursday, when Osun State Governor, Senator Ademola Adeleke was named 2024 Governor of the year and endorsed for second tenure in office by the top management of the Leadership Newspaper.
The newspaper’s team was on a courtesy call on Gov Adeleke, Biztellers reports.
Receiving them at the Government House, Gov Adeleke noted that his administration had reduced the infra deficit by over 40 percent.
He added that his administration had also bridged access to primary health care, with an ambition to expand health access at medium and tertiary levels.
He said, “Osun State is constantly getting recognitions for what outsiders and even opposition members regard as our commendable performance.
“In the last one year, our government has been conferred with several awards across the sectors. Aside from reputable newspapers like the leadership stable, we have received accolades from several federal agencies and non-governmental bodies. The consensus from those reviewing our performance and service delivery is that we are true agents of good governance.
“In all these positive ratings, my response has always been to task my team to double their efforts. In the face of overwhelming positive reviews and high approval ratings, I am compelled to drive my team harder. When recently, some opposition figures confessed to our positive ratings, I still believe we have a lot of grounds to cover.
“I am not allowing the praises to enter my head. While it may be true that I have delivered a four-year task in under two years, I am propelled to do more because Osun has been left behind on many fronts. As I have reduced the infra deficit by over 40 percent, my real target Is higher. As I have bridged access to primary health care, my ambition is to also expand health access at medium and tertiary levels. While our records across the sectors are laudable as your newspaper has acknowledged, the ultimate goal is to accelerate infra upgrade alongside the boosting of soft investment for the well-being of our people.
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“I appreciate your candid endorsement of our performance. It is important to note that your yardstick for recognizing us correlates with similar reasons adduced by others. Our huge governance records are undeniable facts especially in workers’ welfare, infrastructure delivery, educational expansion, health care access improvement, solid mineral sector reforms, digital economy initiatives, agricultural mechanisation among others.
“I want to assure the public that our administration is not slowing down. Very soon, I will flag off ongoing remodeling of Osogbo stadium to assume international standard. Prior to the ongoing stadium project, we have engineered the creation of Osun Sport Commission and Osun Sport Fund through appropriate legal and policy framework.
“Very soon, I will be flagging off the dualisation of phase one of Odoori – Post office road at Iwo. The contractor for Iwo -Osogbo road has mobilized to site. We plan to complete the two projects within the life of this administration. Meanwhile, the dualisation project at Ilesa is progressing while the flyover bridge at Ile Ife is ongoing with appreciable progress. 2025 is billed to be a year of further expansion of good governance for the good of man and humanity.
On his part, the Vice Chairman of Leadership Group Mike Okpere, noted that the recognition is in order to give Gov Adeleke an insight and encouragement to do a second term.
“Your excellency you will see that, we didn’t just come down here, we had a meeting before the award and that is why we are here, so this trip is to notify you formally for this award and we personally invite you on the 8th of April at the Banquet Hall of the State House in Asokoro where this award will be handed on over to you.
“Our Reputable Person of the Year is Aliko Dangote, you all are aware of the investment he just concluded, by bringing fuel production into Nigeria, because of that and many other things, we chose him as our person of the year.
“Other person’s that would be sharing the merit are other governors that have touched people’s lives, among them is the Governor from Akwa Ibom State, the Governor of Enugu State, the Governor of Jigawa State and the Governor of Kano State.
“We didn’t call this Leadership Governor of the year, we call it Governor of the year, in other words, what we are saying is that, this recognition will give you an insight and encouragement to do a second term.
“As a newspaper company, we don’t endorse Governors but when we see something we say it, your Excellency sir, I therefore want to present this notification and official invitation”, he added.
Other members of the Leadership Newspaper team includes, Abraham Nda Isaiah, Director, Leadership Group, Ibidiran Ayokunle, Head Southern Operations, Joshua Dada, Osun State.
The Cross River State House of Assembly has initiated the process to amend the Local Government Law 2007, introducing provisions to expand political appointments and enhance local government administration across the state.
The bill, sponsored by Rt. Hon. Davies Etta, representing Abi State Constituency, was debated on Tuesday in Calabar.
It proposes increasing the number of appointees in each Local Government Area (LGA) to 50. Among the new roles are 16 Special Adviser positions and a cadre of officials known as Ward Relation Officers.
According to the bill, “The Chairman of Council may appoint such a number of Special Advisers to assist him in the discharge of his duties, provided that appointments, when added to other statutory appointments, shall not exceed a total number of 50.”
The proposed Ward Relation Officers will hold ranks equivalent to Special Advisers and will report directly to the Chairmen of their respective LGAs.
This move, the Assembly says, is aimed at fostering grassroots engagement and improving governance at the local level.
Another key provision of the bill seeks to elevate the office of the Head of Local Government Administration (HOLGA) to the status of a Permanent Secretary within the state public service.
The amendment stipulates that HOLGAs will enjoy all the rights, privileges, and entitlements of Permanent Secretaries, including pensions.
“The office of the HOLGA shall be equivalent to the office of a Permanent Secretary of the State Public Service and shall enjoy all rights and privileges of the Permanent Secretary, including pensions,” the bill states.
It also specifies that appointments to the HOLGA position must be made exclusively from within the local government service in the state.
The bill, which has passed its first and second readings, has been referred to a joint committee on Local Government Affairs, Judiciary, and Public Accounts for further review and consultations with stakeholders.
Speaker of the Assembly, Rt. Hon. Elvert Ayambem, underscored the importance of the proposed amendment, noting that it would strengthen local government administration and improve service delivery to the grassroots.
The Assembly is expected to hold further deliberations before making a final decision on the proposed amendments.
Donald Trump has completed his return to the White House with his inauguration as the 47th President of the United States (POTUS).
Trump’s historic return, on account of adverse weather conditions, happened with a remarkable ceremony at the Capitol Rotunda, on Monday.
In his inaugural address, President Trump outlined a bold agenda for his administration, touching on issues of gender, race, border control, economic reforms, and energy policies.
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President Trump asserted that his administration would recognise only two genders — male and female — effectively dismissing identities such as transgender, non-binary, and genderqueer.
President Trump asserted, “This week, I will end the government policy of engineering race and gender into every aspect of public and private life. Henceforth, it will be the official policy of the United States government that there are only two genders: male and female.”
He unveiled plans to overhaul the trade system, introducing an “External Revenue Service” to collect tariffs from foreign countries, promising to shift the economic burden away from U.S. taxpayers.
“I will immediately begin the overhaul of our trade system to protect American workers and families. Instead of taxing our citizens to enrich other countries, we will tariff and tax foreign countries to enrich our citizens,” Trump stated.
The POTUS vowed to make America a “manufacturing nation” again by leveraging the country’s vast oil and gas reserves.
“America will be a manufacturing nation once again. We will use our liquid gold — oil and gas — to bring prices down, fill our reserves, and export energy worldwide. We will end the Green New Deal and revoke the electric vehicle mandate, saving our auto industry,” he said.
On border control, President Trump declared a national emergency at the southern border and announced measures to combat illegal immigration.
“All illegal entry will be halted, and we will begin the process of returning millions of criminal aliens. The Remain in Mexico policy will be reinstated, and catch-and-release practices will end. Troops will secure our borders to repel this invasion,” he announced.
He also pledged to designate cartels as foreign terrorist organizations and invoke the Alien Enemies Act of 1798 to combat criminal networks.
The POTUS announced the formation of a Department of Government Efficiency and outlined measures to tackle inflation and high costs.
He also promised an aggressive crackdown on crime, leveraging federal and state resources to eliminate gang activity.
“As commander-in-chief, I have no higher responsibility than to defend our country from threats and invasions,” President Trump added.
He recounted an assassination attempt during his campaign, framing his survival as a divine sign of his purpose to “make America great again.”
In addition, President Trump criticised America’s healthcare and education systems, promising significant reforms to address inadequacies exposed by recent natural disasters.
The event, attended by lawmakers, distinguished guests, and family members, marked the beginning of President Trump’s second term. Vice President JD Vance was also sworn in, taking the oath of office in a ceremony presided over by Supreme Court Justice Brett Kavanaugh.
It was gathered that earlier in the day, President Trump and Melania Trump met with outgoing President Joe Biden and former First Lady Jill Biden, continuing the tradition of a handover meeting between administrations.
At a pre-inauguration rally, President Trump addressed supporters, promising to pardon January 6 defendants and issuing executive orders on his first day in office.
Despite freezing temperatures, the ceremony proceeded with President Trump expressing confidence in his administration’s vision and America’s future.
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