rexwalters:


The judge held that the media houses, under which SERAP had filed the suit, did not complain about the ban, hence, the plaintiff cannot cry more than the bereaved.

He also agreed with the defendants that there are other microblogging platforms through which the plaintiff could express information like Facebook and others.

Justice Egwuatu held that when national security is threatened, the issues of fundamental human rights take a second stage. He said besides, Twitter was not a registered company in the country as required by the laws.

Can you quote the actual judgment?

naptu2:


https://tribuneonlineng.com/twitter-ban-court-dismisses-suit-against-fg-fines-serap-n100000/

Seunmsg come and greet presidiot buhari for me o. He has strengthened the judiciary.

naptu2:


https://tribuneonlineng.com/twitter-ban-court-dismisses-suit-against-fg-fines-serap-n100000/

Do SERAP win any case?

SmartyPants:


Sure, from a lay person's perspective, National Security may sound like a logical reason for the violation of individual rights. Except, in reality, it is impossible, in modern society, for fundamental human rights and national security concerns to clash.

That is because human rights and national security are but two sides of the same coin, smoldered together by the concept of the rule of law. What is national security but the aggregation of fundamental human rights concerns? But who defines a national security threat? Who measures its gravity? This is where the rule of law enters into the arena as an arbiter.

In practical terms, where there is a national security concern, there must also be a legal route of expressing and managing that concern. It is not for the executive to arrogate to itself this power. That is why the legislative exists -- to make laws that would allow the executive to lawfully check whatever it is that threatens national security.

For example, to deprive a man of his liberty on the grounds of national security, there must be a law that enables the executive to do so. Any action taken outside of this, regardless of its legitimacy, itself becomes a threat to national security, by undermining democratic structures and allowing the executive to usurp the other branches of government.

executive power. Even the constitution gave that to Mr president.

SmartyPants:


Sir, you are actually the one without understanding. Neither of the topic nor of the particular post you have quoted which is not connected with the subject of national security at all.

If your life is a threat to national security, there is a legally prescribed route by which the State can take your life.

It is not for me, being the president, to get up one day, declare you a threat and then take your life just like that.

Capiche?

so if have a gun threatening to kill the president, the DSS should first ask the court before blowing your useless Flatt Head up ?
There is executive power.

This country just dey spoil everyday

I guess serap got it wrong here. Maybe the broadcasting media should have been the ones in court. Judgement looks quite sound to my mind.

asanausana91:
so if have a gun threatening to kill the president, the DSS should first ask the court before blowing your useless Flatt Head up ?
There is executive power.

Grow up.

I like the banter on this thread,its great.This is what nairaland should be like.devoid of ethnic sentiments and great on collating diverse views

That said.I think serap only instituted that case as an academic excercise.In truth we need to get to stage were we pit National good above self. Nigeria put a demand on twitter for accountability,as the accountability champions I dont see why serap should have a problem with that except of course that to sue the FG is their knee jerk response to every perceived problem real or imagined.

But then serap ought to know when National interest is at stake.The real question then is how patrotic is serap and her board.

Saltybear:
The malami led judiciary can best be described as a cattle ranch track styled dump of an association.

It's sad that we have fallen so low as a nation since the Hausa/Fulani led government took power...

All the gains as regards freedom of the press , freedom of the judiciary, freedom of expression have all been eroded by this race of unintelligent moronic extremist jingoistic arseholes .

They are so anti progressive and unintelligent. Just take a look at their region and you would understand why they are so backward.

I mean wow! Just wow

If not because u are filled with ethno-religious bias can't u remember How OBJ removed a Governor, Plateau state Governor, Joshua Dariye without going through due process?

Can't u remember when DSS in Abuja used to attack newspaper vendors for selling newspapers containing report on insecurity especially BH attacks?

Can't u remember how GEJ used Adamawa House of Assembly and illegally removed Governor Murtala Nyako for telling Obama the truth about how PDP created BH?

Can't u remember the illegal and ethnocentric removal of Sunusi Lamido Sunusi as CBN Governor?

Can't u remember the disgracing of NASS led members under Tambuwal and the embarrassing saga that happened?


ASSASSINATIONS UNDER OBJ

Have a look at this incomplete list of victims of assassinations under Obasanjo out of which not a single one was solved in the entire 8 years of his tenure - Chief Bola Ige (Attorney General of the Federation); Dr. Marshall Harry (ANPP National Vice Chairman for South-South); Chief Ogbonnaya Uche (ANPP's Senatorial candidate for Orlu Imo State); Mr Theodore Agwatu (Principal Secretary to Imo State Governor); Hon. Odunayo Olagbaju (Member of Osun State House of Assembly);Hon. Uche Nwoke (ANPP Senatorial candidate in Imo State); Hon. Monday Ndor (Member of Rivers State House of Assembly); Dr. Ayodeji Daramola, gurbernatorial candidate in Ekiti State; Ahmed Ahman Pategi (State Chairman of Kwara PDP); Hon Schnapps Omuvwiebese (Councilor, Ughelli - North LG, Delta State); Mr. Funsho Williams, PDP governoship aspirant in Lagos; Mr. Barnabas Igwe (Anambra State Bar Association, Chairman) and his wife, Mrs. Abigail Igwe; Mr. Sunday Ugwu, Mrs. Janet Olapade among many others. Readers should remember that Tafa Balogun has impliedly alleged that he was subjected to Ribadu’s rage by OBJ because he refused to carry out the requested elimination of a former PDP chairman! Reliable sources have confirmed that the only reason Balogun had to spend 6 months in EFCC guest houses as opposed to long time imprisonment and deprivation of all the stolen billions was to prevent him from spilling his guts out.


Nigeria has always been like that but Umaru Yaradua and PMB have uphold laws than most of our previous Presidents, take it or leave it!

[s][/s]

Mynd44:

If you are going to step to me, step with intelligent replies or keep walking

Abi no be Government ni? You no fit come, Abeg na God make we dey put our trust on jare.

Mad oh!
Fundamental human right can take a second stage! :O

SmartyPants:
Egwuatu held that when national security is threatened, the issues of fundamental human rights take a second stage

Such statements should make all shudder. Does this lawyer even understand what fundamental human rights are - as opposed to the broader concept of human rights?

We have a long way to go.

Edit:

Egwuatu is the judge not the lawyer - my mistake.

Even UK court has made a similar declaration that that national security supercede individual rights.
That's why habeas corpus can be suspended during security operations. You can be drafted to fight a war for your country and can be jailed if you refuse. Press in the west are routinely censored during a war.

You little Hitler's who can't handle opposition to your ideas (anyone who disagrees with you must have been paid) want to teach the people who introduced human rights to you?

This is Nigeria

Abeg make getat first

MyExpression:


Charles Taylor, Muhammad Gaddafi, Sadam Hussain....amongst others; these are national leaders that have been convicted by the ICJ for war crimes and gross violation of human right.

Why didn't they simply delist their nation from the UN or AU

That the Nigerian ministry of Defence is not been prosecuted doesn't make it right.

The ICJ was created via the Rome treaty and any country can excuse themselves from such treaty thereby making the ICJ loose any jurisdiction over a such a country! The basics here is that even an individual can refuse to submit himself to the ICC if his country so wishes a la Omar El Bashir of Sudan. The ICC cannot even enforce its rulings unless the UN intervenes. Simply put, the laws of a sovereign nation is sacrosanct and is not subservient to any international treaties or agreements after all the US pulled out of UNICEF and the world didn't crash. So when you are arguing in a national court, don't try to impose any international treaties above even a local penal code else the Court is gonna whip u.