Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN) has ordered the prosecution of offenders of the Federal Government ban on Twitter operations in Nigeria.
But the Peoples Democratic Party (PDP) thinks he is joker and is making an empty threat.
Legal practitioners are wondering under what law he will prosecute offenders, even as the presidency explained why it banned Twitter.
The statement from Malami’s office directed the Director of Public Prosecution of the Federation (DPPF) in his office to swing into action and commence in earnest the process of prosecution of violators of the Federal Government De-activation of opetations of Twitter in Nigeria.
The DPPF is to liase with the Ministry of Communication and Digital Economy, Nigeria Communication Communication (NCC) and other relevant government agencies to ensure the speedy prosecution of offenders without any further delay.
The Peoples Democratic Party (PDP), on its part, declared that the directive by the Malami to arrest and prosecute any Nigerian using Twitter, is blatantly unconstitutional, illegal, null and completely of no moment.
In a statement, the PDP asserts that the directive by Malami, is not only downright ludicrous, but shows the frenzied desperation “to muzzle, victimize, clamp down on innocent Nigerians and foist a totalitarian system on our country.”
It adds, “The PDP states that nothing in our extant laws, not even the suspension of Twitter in Nigeria, constitutionally criminalized the use of Twitter by Nigerians or empowers the Federal Governments to arrest and prosecute any Nigerians for using Twitter.
“For Malami’s information, section 36 (12) of the 1999 Constitution (as amended) provides that “a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a law of a state, any subsidiary legislation or instrument under the provisions of the law”.
“President Muhammadu Buhari and his APC are informed that there is no extant law that defined the use of Twitter as a criminal offence and there is no penalty prescribed in a written law for the use of Twitter by any Nigerians.
“Moreover, they should also realize that the suspension of Twitter by the APC Federal Government, in addition to its unconstitutionality, only suspended Twitter operations and not the use of Twitter by Nigerians.
“The directive by the Attorney General to arrest and prosecute any Nigerians found using Twitter, does not have the backing of any law enacted by the National Assembly or any state legislative house, and as such, Malami’s declaration is completely of no legal consequence.
“Malami’s directive to arrest and prosecute Nigerians using Twitter is therefore an attempt to suspend the 1999 Constitution (as amended), a development which bears the imprints of the leaked memo in which Mr. President was reportedly advised to suspend the constitution and strip Nigerians of their rights and freedom.
“The PDP again cautions the Buhari Presidency and the APC to end their acts of suppression against Nigerians as such amounts to pushing the people to the wall.”
Meanwhile, the Presidency says the temporary suspension of Twitter is not just a response to the removal of the President’s post adding that “there has been a litany of problems with the social media platform in Nigeria, where misinformation and fake news spread through it have had real world violent consequences. All the while, the company has escaped accountability.”
It states further through one of the President’s spokesmen, Mr. Garba Shehu,
“Nevertheless, the removal of President Buhari’s tweet was disappointing. The censoring seemed based on a misunderstanding of the challenges Nigeria faces today.
“The President in his address at the United Nations General Assembly, UNGA in 2019 said “the world was shocked and startled by the massacre in New Zealand by a lone gunman taking the lives of 50 worshippers.”
“This and similar crimes which have been fueled by social media networks risk seeping into the fabric of an emerging digital culture.
“Major tech companies must be alive to their responsibilities. They cannot be allowed to continue to facilitate the spread of religious, racist, xenophobic and false messages capable of inciting whole communities against each other, leading to loss of many lives. This could tear some countries apart.
“President Buhari has therefore been warning against social media’s disruptive and divisive influences and the government’s action is not a knee-jerk reaction to Twitter’s preposterous deletion of his tweet which should have been read in full.
“The tweet was not a threat, but a statement of fact.
“A terrorist organisation (IPOB) poses a significant threat to the safety and security of Nigerian citizens.
“When the President said that they will be treated “in a language they understand,” he merely reiterated that their force shall be met with force. It is a basic principle of security services response world over.
“This is not promotion of hate, but a pledge to uphold citizens’ right to freedom from harm. The government cannot be expected to capitulate to terrorists.
“IPOB is proscribed under Nigerian law. Its members murder innocent Nigerians. They kill policemen and set government property on fire. Now, they have amassed a substantial stockpile of weapons and bombs across the country.
“Twitter does not seem to appreciate the national trauma of our country’s civil war. This government shall not allow a recurrence of that tragedy.”
Twitter Ban: FG orders prosecution of offenders; PDP says it’s laughable; Presidency explains ban
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