The Federal High Court in Lagos has mandated Alhaji Lai Mohammed, the former Minister of Information and Culture, along with the Ministry of Information, to disclose the details of the agreement between the Nigerian Government and X, formerly known as Twitter.
Hon. Justice Nnamdi Okwy Dimgba delivered the judgment in May 2024, following a Freedom of Information suit (FHC/L/CS/238/2022) filed by the Socio-Economic Rights and Accountability Project (SERAP). A certified true copy of the judgment was obtained last Friday.
Justice Dimgba directed that “The former minister and the Ministry of Information are compelled to provide a copy of the agreement to SERAP solely to ascertain its impact on the protection of fundamental human rights of Nigerians.”
He emphasized that disclosing the agreement details is in the public interest and does not compromise Twitter’s business interests or Nigeria’s national security.
Justice Dimgba dismissed objections from the minister’s counsel and upheld SERAP’s arguments, ruling in favor of SERAP against the minister.
The court found that the minister failed to demonstrate that the President followed due process to designate Twitter as a Critical National Information Infrastructure, nor was there an order in the Federal Gazette to that effect.
Justice Dimgba stated, “The disclosure of the Twitter agreement is not prejudicial to Nigeria’s sovereignty and national security or protected by the Official Secrets Act, as the minister has failed to prove the same.”
He noted that the minister’s argument about potential harm to Twitter’s business interests was hypothetical and lacked evidence of specific business or contractual interests that could be affected.
SERAP deputy director Kolawole Oluwadare called the judgment a victory for online freedom and democracy, urging President Bola Tinubu to comply immediately with the court’s orders.
In a letter dated July 13, 2024, SERAP urged President Tinubu to direct the Ministry of Information and Culture and the Attorney General’s office to disclose the Twitter agreement details as ordered by the court.
The government announced on January 13, 2022, that the suspension had been lifted and the platform agreed to respect Nigerian laws and culture; hence, the suit was instituted against the former minister.
The order to suspend suspension was issued by the Nigerian Government on June 4, 2021, following the deletion of a post by former President Muhammadu Buhari from the platform.
The court ordered its orders against the minister, joined in the matter as co-respondent with the former president.