Obey ECOWAS judgment, end prosecutions for ‘insulting public officials’, SERAP tells Buhari

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “enforce the judgment by the ECOWAS Court of Justice compelling your government to delete the offence of ‘insulting or stalking public officials online’ from the Cybercrime Act.”

SERAP urged him to “urgently send an executive bill to the National Assembly to repeal the unlawful provisions, and reform all laws, which are inconsistent and incompatible with freedom of expression and media freedom.”

The judgment, delivered by the court last week in Accra, Ghana followed the suit number ECW/CCJ/APP/09/19 brought by SERAP.

SERAP also urged him to “direct Mr Abubakar Malami, SAN the Attorney General of the Federation and Minister of Justice to withdraw all pending charges of ‘insulting or stalking public officials online’ against activists, critics and journalists, and immediately ensure their release from unlawful detention.”

SERAP urged him to ensure that “those who have faced unfair prosecutions under the unlawful provisions receive adequate compensation.”

In the open letter dated 2 April, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “This judgment is a victory for many Nigerians who continue to face harassment, intimidation and unfair prosecutions solely for peacefully exercising their human rights online.”

The provisions of section 24 of the Cybercrime Act among others criminalise sending or causing to be sent an “offensive, insulting or annoying” message via a computer system or network.” The offence is punishable including by a fine of up to N7,000,000.00 or imprisonment of up to 3 years or both.

SERAP had argued before the ECOWAS Court that, “The Federal Government and several state governments have used the vaguely worded provisions of the Cybercrime Act to trample on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users.”

In its judgment, the court agreed, and ruled that “section 24 of Cybercrime Act is inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

The court then ordered the Federal Government to “amend section 24 of the Cybercrime Prohibition Act in accordance with Nigerian obligations under Article 1 of the African Charter on Human and Peoples’ Rights.”

The letter, read in part: “The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, the right to freedom of expression and media freedom online. This will improve citizens’ participation in their own government, and provide an impetus for the anti-corruption fight.”

“By implementing the judgment, your government will be demonstrating Nigeria’s leadership within the ECOWAS sub-region, and sending a powerful message to other countries to embrace the rule of law and human rights.”

“With the ECOWAS Court judgment, all federal and state authorities must now stop using the provisions of section 24 of the Cybercrime Act to target, harass, intimidate, arbitrarily arrest and detain and unfairly prosecute social media users, activists, and journalists who express views perceived to be critical of governments.”

“SERAP notes that Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable.”

“Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.”

“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, constitutionality. We therefore look forward to your positive response and action on the judgment.”

“The judgment read by Hon. Justice Gberi-De Quattara (Presiding Judge), Hon. Justice Dupe Atoki (Member) and Hon. Justice Keikura Bangura (Member), chronicled details of Nigerian government officials using the Cybercrime Act, particularly its section 24 as a pretext to harass, intimidate, detain, prosecute and imprison activists, journalists, bloggers, and social media users.”

“In its judgement, the ECOWAS Court held that ‘The court has the jurisdiction to hear and determine the suit. In a plethora of decisions, the court has upheld that the mere allegation of human rights violations is sufficient to invoke this human rights mandate pursuant to Article 9 (4) of the Supplementary Protocol.’”

“In view of the fact that this application is premised on human rights violations pursuant to Article 9(4) of the supplementary protocol, the court holds that it has jurisdiction to hear and determine the suit.”

“According to the ECOWAS Court, ‘The allegation of SERAP before the Court for determination on merit is whether the provision of the Cybercrime Act has violated the right to freedom of expression, information, opinion, and privacy in contravention of Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Convention on Civil and Political Rights.’”

“The ECOWAS Court then stated that, ‘Section 24 of the Cybercrime Act is not in conformity with Article 9 of the African Charter and Article 19 of the International Convention on Civil and Political Rights. As for reparation, Nigerian Government is ordered to amend section 24 of the Cybercrime Act, in accordance with the obligations under Article 1 of the African Charter of Human and Peoples’ Rights.’”

“SERAP also notes that by virtue of Article 24(4) of the Protocol A/P.1/7/91 relating to the ECOWAS Community Court of Justice as amended by the Supplementary Protocol A/SP.1/01/05 in January 2005, every member state of the Economic Community of West African States is required to designate a National Authority for the enforcement of the judgments of the Community Court of Justice.”

“Pursuant to the provisions of the article 24 of the Protocol of the Community Court, the Federal Government decided in 2014 to designate the office of the Attorney-General of the Federation and Minister of Justice as the Competent National Authority for the enforcement of the decisions of the court in Nigeria.”

The letter was copied to Mr Malami.

Kolawole Oluwadare
SERAP Deputy Director
3/4/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202

PRESIDENT BUHARI HAILS OSI OF OWU KINGDOM, CHIEF FATAI,
President Muhammadu Buhari warmly felicitates with Chief Fatai Olaniyi Adegbenro, Osi of Owu Kingdom and Baaloro of Egbaland, on his 80th birthday, April 3, 2022.
The President joins family, friends and associates of the leader and administrator in celebrating the milestone, heralded by many years of service to the nation and humanity.
President Buhari extols Chief Adegbenro for always putting the interest of the nation first in his undertakings, willingly counseling leaders on the right path to honour, dignity and unity of the country.
As the revered leader turns 80, the President prays for his good health and strength.
Femi Adesina
Special Adviser to the President
(Media & Publicity)
April 2, 2022

PRESIDENT BUHARI GREETS EVANGELIST EBENEZER OBEY AT 80
President Muhammadu Buhari rejoices with music superstar and Evangelist, Chief Commander Ebenezer Obey on the occasion of his 80th birthday, April 3, 2022.
The President pays tribute to the musician, who used his art and skills to fly Nigeria’s flag round the world, bringing joy and merriment to people with his sonorous voice, and didactic songs, for over six decades.
President Buhari remarks that though he is from Abeokuta, Ogun State, Nigeria, Obey’s music has been a blessing not only to the entire Southwest but he has garnered tremendous recognition and adulation nationally and internationally.
He has used his music to champion Government programmes such as:
#Change of lane in 1972 (Keep Right)
# Change to the Naira (Naira/Kobo)
# Operation Feed the Nation, and many others.
The President notes that the musician/ preacher has sang on virtually every area of human endeavour and activity with countless gold discs and many platinum discs to his credit, leading to being honored with the prestigious award of Member of the Federal Republic (MFR) in 2001.
President Buhari lauds the fact that on 7th of July, 2014, Olabisi Onabanjo University, Ago Iwoye, Ogun State conferred on Chief Commander Obey the status of Professor of Music, as a visiting lecturer in the Department of English and Performing Arts of the University.
Successfully blending the secular and spiritual, the President urges the younger generation to borrow a leaf from the musician, who was formally ordained into the ministry on his 50th birthday on the 3rd of April, 1992. He is the General Overseer of Decross Gospel Mission, Lagos and the President of Ebenezer Obey Evangelistic Ministries.
President Buhari wishes the celebrant longer life, good health, and further service to God and humanity.
Femi Adesina
Special Adviser to the President
(Media and Publicity)
April 2, 2022

PRESIDENT BUHARI WELCOMES RAMADAN FASTING, ASKS MUSLIMS TO FEED THE POOR
President Muhammadu Buhari joins world leaders in welcoming the month of Ramadan, the month of fasting and intense devotion for Muslims.
In a message to Nigerians and Muslims all over the world, the President said the period offers a unique opportunity to ”feel the hunger experienced by the poor so as to feel what it is like to be deprived and marginalized.”
“Muslims,” the President emphasized “should seek greater personal discipline, which is necessary for the realization of a great nation.”
He advised Muslim elite against food waste and extravagant spending while others face hunger and destitution, urging that they should care for their neighbours, the poor and the marginalized.
He also called for prayers for peace in the country and beyond, and for healing and harmony throughout the world.
He wished all Muslims a successful completion of the 30-day fasting period.
Garba Shehu
Senior Special Assistant to the President
(Media & Publicity)
April 1, 2022

PRESIDENT BUHARI WELCOMES $200M AFRICAN DEVELOPMENT CENTRE BY MICROSOFT, SAYS NIGERIA READY TO LEAD IN DIGITAL TECHNOLOGY
President Muhammadu Buhari Friday in Abuja said Nigeria stands poised to welcome more initiatives and investments in digital technology, while appreciating Microsoft for an engineering hub, African Development Centre, worth $200 million.
Receiving the President of Microsoft Corporation, Brad Smith, at the State House, accompanied by the Minister of Communication and Digital Economy, Professor Isa Ali Pantami, the President said:
“I have been informed that the African Development Centre in Nigeria is Microsoft’s first engineering hub in Africa as the current investment stands at about $200 million.
“I have also been informed of Microsoft’s skilling initiative that aims to train five million citizens and provide 27,000 jobs over the next three years. These initiatives are commendable and I urge you to expand them and continue to prioritize Nigeria as you roll out your global initiatives.’’
President Buhari told the visiting Microsoft team that as the largest economy and most populous country in Africa, Nigeria was positioned to play a strategic role in the global technology ecosystem and seek the right partnerships to harness the potentials.
He said one of such key partnerships was in the area of capacity building.
This administration, according to the President, had shown great commitment in providing conducive environment for investors and the massive jump in the Global Ease of Doing Business Ranking was proof that the efforts were yielding positive results.
“Our emphasis on the development of our Digital Economy has also positioned the sector as a prominent factor in the Nigerian economy. As the fastest growing sector of the Nigerian economy in 2020, the Information and Communications Technology sector played a very important role in supporting our country to exit the recession triggered by the COVID-19 pandemic.
“We are keen to build on the momentum as we continue to implement our National Digital Economy Policy and Strategy, along with other related policies.’’
Apart from partnership in the area of skills building, President Buhari said he looked forward to further partnerships that will support the digital infrastructure and innovation ecosystem, with regard to emerging technologies.
“I believe that this meeting will provide an opportunity to discuss how the Nigerian government can support the growth of your business here and how Microsoft can contribute to the growth of our economy through the active support of our policies and programmes,’’ he added.
President Buhari said he launched the Nigerian National Broadband Plan on the 19th of March 2020, with the aim of expanding broadband access across Nigeria and Microsoft’s connectivity initiative aligns with the plan.
“I believe it would be very useful and mutually beneficial to both Microsoft and Nigeria if your connectivity project is expanded beyond the current four locations in this country.
“Emerging technologies play a key role in digital transformation in the Fourth Industrial Revolution and a number of indigenous companies have developed very useful solutions. We are willing to partner with Microsoft to make Nigeria the epicenter for innovative emerging technology in Africa.’’
The President commended the Minister of Communications and Digital Economy and all industry stakeholders for their support for the sector.
“In order to sustain the momentum, I further direct that you and other stakeholders in the technology ecosystem keep government fully informed of your ongoing and proposed activities that support the growth of our digital economy.
“We have the potential of becoming your most lucrative market in Africa. As such, we urge you to continue to support the development of our digital economy. We also urge you to step up your Corporate Social Responsibility programmes and support for Research and Development that will enhance your services in Nigeria and on the African continent,’’ the President said.
In his remarks, the Minister of Communications and Digital Economy said he represented President Buhari at the commissioning of the African Development Centre, adding that Microsoft had over 200 Nigerians working for them in the country, and Seattle.
Prof. Pantami noted that 320,000 Nigerians have also been trained on digital skills by the technology company.
The President of Microsoft and Vice Executive Chairman said the company will keep creating jobs to help build technology that will change the world, noting that the “multi-tasking approach’’ also stretches to digital infrastructure.
“We pledge to train five million people in Nigeria in the future,’’ Smith said, noting “60,000 people had already enrolled for courses while 300,000 had completed various courses.’’
The President of Microsoft said the company had gone into partnership with other companies to increase Internet and broadband penetration, while efforts have been advanced in innovating technology that will fight corruption and preserve cultural heritages, like languages.
Femi Adesina
Special Adviser to the President
(Media & Publicity)
April 1, 2022

PRESIDENT BUHARI APPROVES RECONSTITUTION OF THE GOVERNING COUNCIL OF THE NATIONAL INSTITUTE FOR LABOUR STUDIES
Following the expiration of the tenure of the former Board of the National Institute for Labour Studies, President Muhammadu Buhari has approved the reconstitution of the new Board as follows:
1. Prince Sam Okpako Onokohwomo (Kowho) (Chairman)
2. Brigadier General Umar Gital Yusuf (Member), representing the Nigerian Army.
3. Mrs. Omoabie Udeme Akpan (Member), representing the Ministry of Labour and Employment.
4. CP Falaye S. Olaleye (Member), representing the Nigeria Police Force.
5. Ambassador Obinna Chukwuemeka Agbugba (Member), representing the Ministry of Foreign Affairs.
6. Mr. Umaru Ahmadu (Member), representing Service Strategy and Policy Office.
7. Comrade Salamatu Aliyu (Member), representing the Nigeria Labour Congress.
8. Comrade Babatunde Goke Olatunji (Member), representing the Nigeria Labour Congress.
9. Mr. Femi Mokikan (Member), representing the Nigeria Employers’ Consultative Association.
10. Mr. Adeniyi Ologun (Member), representing the Nigeria Employers’ Consultative Association.
11. Comrade Nasir Fagge (Member), representing Nigerian Universities.
12. Comrade Issa Aremu (Member), the Director of National Institute for Labour Studies.
The Council will be inaugurated by the Supervising Minister of the National Directorate of Employment (NDE) and Minister of State for Labour and Employment, Mr. Festus Keyamo, SAN, on a date to be communicated to all appointees.
Their appointment is for a period of four years.
Garba Shehu
Senior Special Assistant to the President
(Media and Publicity)
March 31, 2022

PRESIDENT BUHARI FELICITATES WIFE OF FORMER HEAD OF STATE, MARYAM ABACHA AT 75
President Muhammadu Buhari sends warm greetings to wife of former Head of State, Mrs Maryam Abacha on her 75th birthday, congratulating the former President of Nigeria Army Officers Wives’ Association (NAOWA), 1985-1990, on the milestone.
The President notes the warmth, large-hearted and charitable works of the matriarch of Abacha family, who used every God-given opportunity to reach out to the poor and underprivileged, formalizing her good intentions by setting up a historic health institution like National Hospital for Women and Children, which was later turned to the National Hospital, Abuja.
President Buhari congratulates Mrs Abacha, her family and friends on the auspicious occasion of her 75th birthday, affirming that her initiative and leadership transformed many lives across the country, particularly wives of military officers, girl-child, rural women and children.
The President extols the former first lady for leading campaigns and funding education and self-improvement skills for women, opening up opportunities in Small Medium Scale Enterprises, operating farms and encouraging many into agriculture, and inspiring the African First Ladies Peace Mission, Poverty Alleviation Programme, National Programme on Immunisation, Family Support Programme, Family Support Basic Education Programme and Family Economic Advancement Programme.
President Buhari prays for the wellbeing of Mrs Abacha and her family.
Garba Shehu
Senior Special Assistant to the President
(Media & Publicity)
March 30, 2022
April 1, 2022
Press Statement
PDP Suspends Anambra State Congress
…Extends Sale of Forms
The Peoples Democratic Party (PDP) has suspended its Anambra State Congress which was earlier scheduled to hold on Saturday, April 2, 2022 to elect new State Executive Officers for the Party in Anambra State,
A new date for the PDP Anambra State Congress will be communicated as soon as it is decided.
Meanwhile the sale of Forms for the Anambra State Congress has been extended. A new date for the closure of the sale of Form will also be communicated.
The PDP regrets the inconveniences the announced suspension of the Anambra State PDP Congress may have caused.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary