The Federal government has defended its decision to suspend the activities of Twitter in the country stating that its action is well-founded in law which has in no way breached the rights of its citizens. The Minister of Information and Culture, Alhaji Lai Mohammed made this known during his presentation at the House of Representatives Joint Committee on the Suspension of Twitter in Nigeria. In the presentation, the minister argued that Twitter activity in the country is in violation of public interest and negates some provisions of the Terrorism Act as well as the Companies and Allied Matters Act (CAMA).
The minister said that Twitter suspension is in line with national and international laws which empowers Nigeria to regulate its cyberspace and give all necessary orders designating any computer system, network, or application as forming part of its national infrastructure.
Mohammed, also contended that the freedom of expression guaranteed in Section 39 of the 1999 Constitution is not absolute.
He explained that Section 49 of the same Constitution permits restrictions of civil liberties in the public interest stressing, “public Interest takes precedent over individual interest.’’
“The operations of Twitter in the Nigerian social space is not legally permissible when it is used in the airing of information that endangers the life and security of the majority of citizens of Nigeria.
“This is in light of the fact that the platform affords IPOB, an organisation already proscribed by the Federal High Court, to champion its seditious and terrorist based activities".
“The principles of law are clear on the exercise of personal human rights in the face of national security threats which affects the larger citizen,’’ he said.
The minister also argued that the federal government is empowered to take all reasonable steps to defend its cyberspace where it perceives or finds that a cyber-crime, is threatened to be committed or has been committed.
He said both national and international statutes empower the federal government to regulate and promote the security of Nigerian cyberspace, including but not limited to organisation and user’s assets.
“Organisation and user’s assets include connected computing devices, personnel, infrastructure, applications, services, and telecommunication systems.
“It also included the totality of transmitted and/or stored information within the Nigerian cyber-space/environment including social media such as Twitter, Facebook, applications, internet platforms, and cloud computing platforms,’’ he said.
Mohammed stressed that where a seditious act has been committed against the Federal Government through the Cyber Space the perpetrators shall be liable.
The minister noted that the rights to freedom of expression on the Twitter platform are qualified by the provisions of sections 5(1) and (2) of the Terrorism Act of 2011.
He said the sections provide that any person who directly or indirectly solicits or renders support for the commission of an act of terrorism commits an offense liable on conviction to not less than 20 years.
“This includes incitement to commit a terrorist act through the internet or any electronic means or through the use of printed materials or through the dissemination of terrorist information”.
Mohammed said the operation of Twitter as a business entity in Nigeria without fulfilling the conditions precedent by registering with the Corporate Affairs Commission is illegal.
According to the Minister, CAMA, the primary law governing businesses in Nigeria provides that a foreign company must take necessary steps to obtain incorporation as a separate entity before engaging in any business.
“Until so incorporated, the foreign company shall not carry on business in Nigeria or exercise any powers of a registered company as provides in Section 78 (1) of CAMA, 2020.
“Hence, flowing from this background a foreign company as Twitter cannot be clothed with the legitimate rights to operate as a company registered in Nigeria, as they are not licensed accordingly,’’ he said.
The minister further stated that the State Security Services (SSS) which provided the lawful basis for the suspension of Twitter acted in line with its power.
