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.
The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash O. Amupitan, SAN, has declared that algorithms will not determine the outcome of Nigeria’s 2027 General Elections, insisting that the sovereign will of the Nigerian people must remain the basis for choosing their leaders.
Amupitan made the declaration while speaking at the Artificial Intelligence and Democracy Forum 2026 in Abuja, themed “Safeguarding the 2027 General Elections in the Age of Artificial Intelligence.”
“Algorithms will not, and must never, decide the 2027 vote,” he said.
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“The choice of who leads Nigeria belongs exclusively to the Nigerian people. Algorithms may predict patterns; they may optimise routes, and they may even suggest preferences. But they do not have a conscience, they do not have a country, and they do not have a vote.”
The forum, co-convened by INEC and Yiaga Africa, brought together electoral officials, members of the diplomatic corps, political party leaders, civil society organisations, media executives, security agencies, technology companies, international development partners and members of the academic community.
Participants also included the Chairperson of the ECOWAS Network of Electoral Commissions and Chairman of Senegal’s Electoral Commission, Mr Abdoulaye Sylla, alongside heads of electoral management bodies across Africa.
Amupitan acknowledged that artificial intelligence would significantly influence the information environment ahead of the 2027 elections, as well as electoral logistics and the strategies employed by democratic actors and those seeking to disrupt the electoral process.
“While algorithms will not decide the vote, AI will undeniably shape the information environment in which citizens form their choices, influence the speed and security of electoral logistics, and alter the tactics of both democratic actors and anti-democratic disruptors,” he said.
The INEC chairman described the 2027 General Election as the largest democratic exercise on the African continent and one of the most complex administrative undertakings in the world.
According to him, the election will involve more than 103 million registered voters and 176,846 polling units spread across 774 local government areas, with elections covering the presidential, National Assembly, governorship and state assembly positions.
He disclosed that INEC had completed 10 of the 14 major operational milestones stipulated by the Electoral Act 2026.
The commission has also procured additional Bimodal Voter Accreditation System (BVAS) units, digitised candidate nominations through the INEC Candidates Nomination Portal (ICNP), which is processing more than 15,000 nominations across 22 political parties, and introduced online voter registration for the first time in Nigeria.
Amupitan identified several areas where artificial intelligence could improve election administration, including predictive logistics and route optimisation, automated assistance with result audits, biometric database management, multilingual voter engagement through Natural Language Processing, and AI-driven cybersecurity defence.
However, he stressed that the adoption of AI would not replace human responsibility in critical electoral processes.
According to him, no critical electoral decision, result collation, voter accreditation or candidate qualification would be fully automated or delegated to an autonomous system.
“Human accountability, statutory oversight, and judicial review will remain paramount at every stage of the electoral chain,” he said.
Two sitting state governors of other political parties and an influential minister, also of an opposition party have teamed up with the ruling All Progressives Congress (APC) in the push to help President Bola Ahmned Tinubu retain his seat come 2027.
Biztellers reports that Osun State Governor, Senator Ademola Adeleke (Accord Party) and his Anambra State counterpart, Prof Charles Soludu (All Progressives Grand Alliance (APGA)) have joined the Minister of Federal Capital Territory (FCT), Nyesom Wike (Peoples Democratic Party, (PDP)) in backing Tinubu’s re-election bid and would be serving in the revised Presidential Campaign Council (PCC).
Tinubu is the presidential candidate of the ruling APC.
According to a notice signed by the National Secretary of the APC, Senator Ajibola Basiru, the inauguration of the Council is scheduled for Wednesday at the Banquet Hall, Presidential Villa, Abuja by 11:00 a.m.
In a move signifying that politics is ticker than blood-relationship, Adeleke, a member of the Accord Party in Osun state was preferred to the President’s cousin and the Minister of Marine and Blue Economy, Gboyega Oyetola, who is the leader of the APC in the state.
With the Presidential candidate of the African Democratic Congress (ADC), Atiku Abubbakar, and Candidate of the National Democratic Congress (NDC) giving APC and Tinubu a good fight, the ruling party is leaving nothing to chance, hence, its decision to leverage on the popularity of friendly governors in opposition parties such as Adeleke to garner more support for Tinubu in Osun.
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Also, Soludo, a member of the APGA has never hidden his desire to work for the re-election of President Tinubu in the January 16, 2027 presidential election. Soludo is Obi’s home state Governor.
Even before the ruling party released the revised campaign list, Wike, a member of the PDP had named himself the campaign coordinator for the FCT. So, it was no surprise that he was drafted into the campaign council of the APC.
Vice President Kashim Shettima would serve as Vice Chairman I, while the National Chairman of the APC, Prof. Nentawe Goshwe Yilwatda is Vice Chairman II. Senate President Godswill Akpabio, House Speaker Tajudeen Abbas and Kwara Governor AbdulRahman AbdulRazaq are Deputy Vice Chairmen.
Former Zamfara State Governor, Senator Abdulaziz Yari remains the Director General of the Campaign Council.
The Deputy Director-Generals of the PCC are: Yobe State Governor, Mai Mala Buni (North I), Senator Opeyemi Bamidele (South I), Deputy Senate President Barau Jibrin (North II), Deputy Speaker Benjamin Kalu (South II), while Senator Adams Oshiomhole will head Mobilization.
Also on the list is the Chief of Staff to the President, Hon. Femi Gbajabiamila who will serve as the Head of Administration, Hon. James Faleke is Deputy Director General in charge of Election Planning, Hon. Ibrahim Masari is in charge of Logistics and Operations, Hon. Aminu Masari heads Parliamentary Mobilisation, and Minister of Works, Engr. David Umahi heads Infrastructure Mobilization and Sensitization.
Imo State Governor, Hope Uzodimma is Secretary of the Council, while Basiru is Deputy Secretary and Hadiza Bala Usman is Assistant Secretary.
The Zonal Campaign Coordinators include Governor Babajide Sanwo-Olu for South-West, Governor Peter Mbah for South-East, Senator Bassey Otu for South-South, Governor Umar Bago for North-Central, Governor Uba Sani for North-West and Senator Ali Modu Sheriff for North-East.
The list also shows state coordinators made up of serving APC governors, past governors, National and State Assembly members and other critical stakeholders.
Key directorates in the council are: Finance/Treasury to be led by Delta State Governor, Sheriff Oborevwori, Fund Raising by Ogun State Governor, Dapo Abiodun, Policy and Manifesto by Minister of Budget and Economic Planning, Atiku Bagudu, and Legal Directorate by Muiz Banire, SAN.
The Directorate of Media and Strategic Communications has Minister of Information, Idris Malagi as Coordinating Director I, while Dele Alake is Presidential Campaign Spokesperson I. Other spokespersons include; Bayo Onanuga, Lere Olayinka, Ajuri Ngelale, Ayobami Oyalowo, Kemi Asekun-Shitu, Bala Ibrahim, Hon. Adamu Fanda and Mohammed Garba.
The Directorate of Security and Intelligence would be headed by Gen. Sarki Yaki, Data Management by Dr. Bisoye Coker, while the Directorate of Support Groups is headed by H.E. Silas Agara.
The party said all members are expected to be present at the inauguration.
Minister of the Federal Capital Territory, Nyesom Wike, has urged opposition politicians to acknowledge President Bola Tinubu’s performance, insisting that political differences should not prevent them from recognising what he described as the President’s achievements.
Wike made the remarks during his media chat on Tuesday while speaking about the political atmosphere ahead of the 2027 general elections and criticism of the Tinubu administration.
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He said some politicians publicly support the President at the national level but take a different position at the sub-national level because of their desire to maintain control of their states.
“I know that sometimes, some people will come out publicly, will support you at the national level, but at the sub-national level, forget it,” Wike said.
He added that such politicians believe the President should win at the national level while they retain control of their respective states.
“But this time around I came out open because of the period we are in,” he said.
According to Wike, several politicians have been making statements about the 2027 general elections, with some claiming that Tinubu has done nothing since assuming office.
He argued that opposition parties should not dismiss the President’s performance simply because they want to take over power.
“You have to check the governor of Bauchi, who is a member of PDP, who has a presidential candidate, came out to say, ‘Look at television, that Mr. President has done well,’” he said.
Wike also urged Nigerians to consider the state of the economy before and after Tinubu assumed office.
“See what I was telling you about Bauchi. See what he has done. See what our economy is before, see what it is now,” he said.
The FCT minister maintained that political opposition should not prevent politicians from acknowledging what they consider positive developments in the country.
“You know, time has come, not because you’re an opposition party, and then you just say the man who is the chief of affairs of the country has done nothing either for the sake of, I mean, opposition, that is not fair,” he said.
He further argued that politics should not be treated as a do-or-die affair, adding that the desire to win elections should not prevent political actors from recognising the performance of their opponents.
“For us, and whether anybody likes us or not, Mr. President has done well,” Wike said.
He accused the opposition of focusing on its ambition to take over power while failing to acknowledge the administration’s performance.
“That’s something, it’s just that the opposition wants to take over power,” he said.
Wike added that opposition parties would continue to criticise the administration even if it achieved results, because they wanted to replace it.
“But the way the opposition is going now, it’s a bit of concern to us, who are saying, ‘No, no, no, no, these people are not telling Nigerians the truth,’” he said.
He called on politicians in other parties who believe the opposition is misrepresenting the situation to speak out and offer their own account of events.
“Let those of us who are also in other political parties tell Nigerians, ‘No, this is not truth, this is what is happening, and that what is, you know, going on,’” he said.
Addressing the issue of political loyalties and godfatherism, Wike said people should be willing to acknowledge good work regardless of their party affiliations.
“So, the issue of godson, the issue of whatever you may call it, I don’t, I’m not a, I’m not a party to, to read, but when you see something that will help your country, when you see somebody who is doing good, come out and say it,” he said.
He added: “It doesn’t matter whether you’re in opposition or not.”
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