Pres. Muhammadu Buhari
FeaturedHighlightTrending Story

Misapplication of public funds: SERAP indicts FG, hauls Buhari before court over plan to monitor whatsApp, calls of Nigerians

343

 

Worried by the Buhari administration’s plan to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, the Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari, saying it violates the right to privacy.

SERAP wants the court to declare it illegal and unconstitutional also seeking: “an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.

The suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87 billion to monitor private calls and messages. The amount is part of the N895.8bn supplementary budget approved by the National Assembly.

Filed at the Federal High Court in Abuja, the suit among others, a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.

“The plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life, the home, and correspondence. It also fails to meet the requirements of legality, necessity, and proportionality.

“The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people.

“The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.

“Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not,” SERAP said in a statement given to Persecondnews on Sunday.

Joined in the suit as Respondents are Mr Abubakar Malami (SAN), Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Kehinde Oyewumi, read in part: “The powers to conduct arbitrary, abusive or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities.

“Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy.

“The lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognized human rights.

“Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data.

“Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.

“The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199).

“Interference with privacy through targeted surveillance is designed to repress the exercise of the right to freedom of expression. Surveillance of journalists, activists, opposition figures, critics and others simply exercising their right to freedom of expression – would lead to violations of other human rights.

“Targeted surveillance creates incentives for self-censorship and directly undermines the ability of journalists and human rights defenders to conduct investigations and build and maintain relationships with sources of information.”

SERAP is also seeking the following reliefs:

A DECLARATION that monitoring of WhatsApp messages, phone calls and text messages of Nigerians and other people is inconsistent with the principles of legality, necessity, and proportionality and amounts to threat and infringement on the rights to private and family life, access to correspondence, and freedom of expression and the press guaranteed under sections 37 and 39 of Nigeria Constitution, 1999; Article 9 of the African Charter on Human and Peoples’ Rights, and Articles 17 and 19 of International Covenant on Civil and Political Rights

A DECLARATION that the act of the Defendants budgeting N4.87bn of public money to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people is unlawful and a violation of the rights to private and family life, access to correspondence, and freedom of expression and the press

AN ORDER setting aside the budget line of N4.87bn to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people for being inconsistent and incompatible with constitutional provisions, and international human rights treaties
AN ORDER mandating the 1st Respondent to redirect public funds in the sum of N4.87bn budgeted to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people to improve the working conditions of healthcare practitioners and improve public healthcare facilities across Nigeria

AND FOR SUCH FURTHER ORDER OR ORDERS that this Honourable Court may deem fit to make in the circumstances.

No date has been fixed for the hearing of the suit.

 

 

Leave a comment

Related Articles

Leave Fubara to govern Rivers in peace, Wike’s ex-commissioner, Tam-George, tells Wike

Mr. Austin Tam-George, a former Commissioner for Information in ex-Gov. Nyesom Wike’s...

Rivers Gov. Fubara swears in 23 new council chairmen

Barely 24 hours after the council polls, Rivers State Gov. Siminalayi Fubara...

SERAP to Tinubu: Withhold federal allocations to states not conducting credible council polls

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu...

Rivers LG poll: Former Army chief Minimah lauds Gov. Fubura for successful exercise

For his resoluteness and seamless conduct of the council polls held on...

FG begins crude oil sales in Naira to Dangote Refinery – Finance Minister

The Federal Government has officially begun selling crude oil and refined petroleum...

Just in: APP wins 22 out of 23 chairmanship seats in Rivers LG poll

The Action People’s Party (APP) has won 22 chairmanship positions out of...

Morocco 2025: Eguavoen picks Ekong, Lookman, Simon, 20 others to battle Libyans

Head Coach Augustine Eguavoen has called Captain William Ekong, rave-of-the-moment Ademola Lookman,...

Horrific! Hubby stabs fatally newlywed wife, sets house on fire in Lagos

In a fit of rage, 30-year-old Motunrayo Olaniyi has allegedly stabbed his...

Rivers LG poll: Gunmen disrupt elections in Obio/Akpor LGA, injure one person

Violence erupted in Rumuepirikom Community in the Obio/Akpor Local Government Area of...

Paul Pogba’s four-year doping ban slashed, set to return in 2025

The Court of Arbitration for Sport (CAS) has significantly reduced Paul Pogba’s...

FG launches emergency evacuation of Nigerians from Lebanon amid crisis

Following the country’s ongoing crisis, the Federal Government has initiated plans to...

Why I haven’t made documentary about myself, eyes acting – Ruger

Nigeria’s Afrobeat star, Ruger, has explained why he has not created a...

Police release detained Lagos Oct. 1 protesters on bail, hand them over to Sowore

Protesters arrested at the Gani Fawehinmi Freedom Park at Ojota, Lagos, on...

In Lagos, man arrested for stabbing father to death

Chibunnma Chimelie, a 25-year-old man, has been arrested for fatally stabbing his...

NNPC/Seplat JV’s “Eye Can See” Programme Restores Vision, Hope in Imo

The NNPC Ltd/Seplat Energy Joint Venture (JV) partnership has provided 10,000 reading...

African oil-producing nations secure 45% of $5bln Energy Bank funds

Afnations have made significant progress in establishing the Africa Energy Bank (AEB),...

Nigeria faces potential gas supply crisis by 2030, says NUPRC Chief

Nigeria may experience a significant gas supply crisis by 2030, with a...

Protesters storm RSIEC office, demand election proceeds as scheduled

Defying the early rain, angry protesters thronged the Rivers State Independent Electoral...

Zenith Bank’s “Project Tiger” causes widespread disruption, leaving customers stranded

Zenith Bank’s ongoing IT overhaul program, dubbed “Project Tiger,” has resulted in...

Just in: Court bars VIO from seizing vehicles, imposing fines on motorists

A Federal High Court sitting in Abuja has barred the Directorate of...