As netizens and civil rights activists condemn the blanket call for the regulation of social media platforms, DiGiCiViC Initiative has added its voice to that of the Netrights Coalition.
Addressing the situation, DiGiCiViC Initiative and Netrights Coalition in a joint statement said: “The state of the civic space in Nigeria is already strangulated despite the absence of specific social media laws. Why is that?
“First, there is a state of impunity that leaves public officials unaccountable.
“Secondly, the government has proven to be unaccountable especially as it relates to the three horns of the civic space- Freedom of Assembly, Association and Expression.
“Thirdly, there are several instances of the use of state security and apparatus to hound, repress and oppress government critics, human rights advocates, members of the media, bloggers, etc. Some of these were arrested, detained, ill-treated, and subjected to different forms of harassment and intimidation.
“Lastly, the government of Nigeria is largely unaccountable to the judiciary as there are several judgments on the enforcement of fundamental rights that have not been enforced due to the refusal of the government. The immediate past government was notorious in this department. Several applications for the enforcement of judgement remain pending before the Attorney General and Minister of Justice.
“In addition, Nigeria do not comply with its obligations under the ECOWAS treaty as it continues to disobey the judgements of the ECOWAS Court.
“In respect of social media, there are sufficient laws in Nigeria addressing online offences. Thus, there isn’t even a problem of protecting the rights of citizens online. There are provisions in the Constitution, Criminal Code, Penal Code, Cybercrimes Act, Electoral Act, Child Rights Act, Violence Against Persons Prohibition Act, and laws within the 36 States of the federation.
“The problem is not that there are no laws. The problem is the failure of implementation on one hand, & the general disrespect for the rule of law by law enforcement agencies and the government on the other hand.
“Therefore, such a bold statement by the Ministerial nominee and President Bola Ahmed Tinubu’s Special Adviser on Special Duties, Communications and Strategy, Mr. Dele Alake, shouldn’t be taken for granted as it obviously communicated the mind of the government.
“We relate this to the case of Amnesty International Togo Vs. The Republic of Togo where a Minister had approved the shutting down of the internet without consideration for the cumulative Three-part test outlined in Article 19(3) of the International Covenant on Civil and Political Rights- (legal instrument to which most of these West African states are signatories & ratified).
“DiGiCiViC Initiative will continue to collaborate and join efforts with other civil society organizations to advocate against a social media regulation law, and recommend to the government alternative measures that align with its human rights obligations.”
