The ECOWAS Court has actually turned down an application by the Federal Republic of Nigeria seeking to dismiss a consolidated fit before the court challenging the choice of the Nigerian government to suspend the Twitter platform in Nigeria and repaired May 10, 2022, to provide judgment in the suit.

Delivering the judgment, the presiding judge in the match, Justice Gberi-Be Ouattara, held that the government’s request for dismissal of the fit was unwarranted and declined it.

At the hearing on February 16, 2022, The Court kept in mind that the Nigerian federal government did not offer proof of the agreement reached between the government and the management of Twitter.

The Court also noted that the legal representatives representing the Nigerian government filed a document before the Court after the matter was adjourned for judgment, requesting it to dismiss the combined fit on numerous premises.

Subsequently, Justice Ouattara asked the attorneys to inform the court on the function of the brand-new application, which was submitted after the matter had been adjourned for judgment.

Abdullahi Abubakar and Abubakar Nuhu, both assistant state counsels representing the Nigerian federal government, stated that the application was submitted in accordance with Article 88 (2) of the ‘Rules of the Court’ and asked the court to rule on their application for the dismissal of the suit which was without purpose and a scholastic workout because the restriction had been raised.

Both counsels informed the court that their application was filed on 9 premises, mainly that the subject matter of the fit has ended up being lacking function and no longer around, which the platform was regularly utilized for activities efficient in weakening the existence of Nigeria and nationwide security.

Other grounds for the application were that Twitter had actually approached Nigeria to enter an arrangement promising to be obedient, which led to the lifting of the ban on Twitter and that a decision of the fit by the Court would be a scholastic exercise.

Furthermore, they contended that a choice of the Court will make up no value for the Applicants because the subject matter was now lacking purpose as the ‘Rules of the Court’ permits it to strike out the matter where it is lacking function.

The application was supported with a 14 paragraph affidavit and a written address dated January 26, 2022, in assistance of their arguments. They added that considering that the subject of the combined fit was the ‘suspension of Twitter in Nigeria’ which with the lifting of the restriction, any decision of the Court will be a mere scholastic exercise.

The 4 suing parties (Applicants) comprising the Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP); Media Rights Agenda and 8 others; Chief Malcolm Omirhobo; and Patrick Eholor tagged suits nos ECW/CCJ/APP/ 23/21, ECW/CCJ/APP/ 29/21, ECW/CCJ/APP/ 24/21, and ECW/CCJ/APP/ 26/21 respectively, represented by their lawyers opposed the submissions of the Nigerian government, including that the subject of the fit was not the suspension of Twitter but the action of the government which broke their rights.

They likewise told the Court that lifting of the suspension on Twitter was one among other reliefs sought from the Court which the federal government’s request should be declined and judgment provided on their various reliefs.

In an earlier judgment provided on June 22, 2021, on an application for interim measures filed by SERAP, among the taking legal action against NGOs, the Court purchased the Nigerian federal government and its agents to “avoid imposing sanction on any media home or harassing, frightening, jailing and prosecuting the Applicants, worried Nigerians for using Twitter and other social media platforms,” pending the decision of the substantive match challenging the restriction on making use of Twitter in Nigeria.

In their initiating applications, the candidates challenged the choice of the Nigerian federal government to suspend access to the Twitter platform in Nigeria, declaring that the suspension of making use of the social media platform constituted the offense of their essential rights, including their rights to flexibility of expression and press liberty.

They likewise asked the Court to state the suspension a constant infraction of their basic rights.

The Court bought a debt consolidation of the fits following an application filed on July 5, 2021, by Mr Abdullahi Abubakar, the lawyer representing the Nigerian government, mentioning that the subject matter of the four applications was the same.

The candidates did not challenge the federal government’s ask for combination.