The Federal High Court in Lagos has ordered Alhaji Lai Mohammed, the former Minister of Information and Culture, and the Ministry of Information to disclose the details of the agreement between the Nigerian Government and Twitter, now rebranded as X.

This judgment, delivered by Hon. Justice Nnamdi Okwy Dimgba in May 2024, follows a Freedom of Information suit (FHC/L/CS/238/2022) filed by the Socio-Economic Rights and Accountability Project (SERAP). A certified true copy of the judgment was obtained last Friday.

Justice Dimgba directed, “The former minister and the Ministry of Information are compelled to provide a copy of the agreement to SERAP solely to ascertain its impact on the protection of fundamental human rights of Nigerians.” He emphasized that revealing the agreement’s details serves the public interest without compromising Twitter’s business interests or Nigeria’s national security.

The court dismissed objections from the minister’s counsel, upholding SERAP’s arguments and ruling in their favor. It found that the minister failed to show that the President had followed due process in designating Twitter as a Critical National Information Infrastructure, nor was there an order in the Federal Gazette to that effect.

Justice Dimgba clarified, “The disclosure of the Twitter agreement is not prejudicial to Nigeria’s sovereignty and national security or protected by the Official Secrets Act, as the minister has failed to prove the same.” He added that the minister’s claim about potential harm to Twitter’s business interests was speculative and lacked evidence of specific business or contractual interests that could be affected.

Kolawole Oluwadare, SERAP’s deputy director, hailed the judgment as a victory for online freedom and democracy, urging President Bola Tinubu to comply promptly with the court’s orders. In a letter dated July 13, 2024, SERAP called on President Tinubu to direct the Ministry of Information and Culture and the Attorney General’s office to disclose the Twitter agreement details as mandated by the court.

The suit was initiated after the government’s statement on January 13, 2022, regarding lifting Twitter’s suspension and the platform’s commitment to adhering to Nigerian laws and culture. The Nigerian Government had suspended Twitter on June 4, 2021, following the removal of a post by former President Muhammadu Buhari. The court’s orders were specifically directed against the minister, with the former president named as a co-respondent in the suit.