WHY are Ojy Okpe, Tundun Abiola, Reuben Abati & Rufai Oseni not letting Twitter fight for Itself? A ba?

Ipemndoh dan Iyan

Introduction 

The ARISEtv News Anchor Crew of Ojy Okpe, Tundun Abiola, Reuben Abati and Rufai Oseni are solid in their Support for Twitter, the interactional Platform, against the Decision of the Government of Nigeria to ban it from operating in the Country. They insist that Twitter is a social Medium (‘Media’ is plural), and emphasize that the Ban is tantamount to the Government of “democratically elected” President, rtd Army Major General Muhammadu Buhari prohibiting or proscribing the constitutional Right of 'the People' to “Freedom of Expression.” They easily refer to that Part of the 1999 Nigerian Constitution guaranteeing this Freedom as they readily wheel out their legal Experts to back up their Assertion. Neither these Persons, including the two among them qualified in Law, nor the Lawyers they bring forth fully understand the Expectations of Section 39 of the Constitution to which they flippantly refer. Our Lawyers remind me of the Defense Attorney for Derek Chauvin in the Murder Case of George Floyd, Eric Nelson, and how I assessed him even before he lost the Case. These Nigerian Lawyers are like Nelson. They are familiar with the Letters of the Law but are unable to understand the Application of these Letters. Some of those Lawyers have even gone to the ridiculous Extent of stating that Nigerian Government's banning of Twitter abridges the Human Right of the Nigerian Citizen.

Why banning Twitter does not stifle the Right to Freedom of Expression 

If Twitter were the only social Medium - that is, the sole Medium - available to Nigerians to use, specific and moral Arguments could be made that Buhari has excluded Nigerians from their constitutional Right to “Freedom of Expression.” It can never stand as a legal Argument insofar as there are other Avenues of “Freedom of Expression”, for instance, ringing a Bell on the Streets and/or bellowing into a Loudspeaker, mobile or static, to exercise that ‘Freedom of Expression’. Here is what s.39 says in Support of my Argument: 

(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.

In Effect, the Nigerian Constitution charges all Nigerians, severally and collectively, to be Conduits of “Freedom of Expression.” It bizarrely requires all Nigerians to grant Access of “Freedom of Expression” to one Another. It is similar Language in s.41 enshrining the Freedoms of Movement and Residency. It is implied in the Constitution that the Duty reposed in the Person is equally on Government. This is what is called an Emanation. Compare the Nigerian s.39 with Amendment I of the Constitution of the United States of America (US/USA) where the Duty not to impede the “Freedom of Speech” of 'the People' is incumbent on Governments. Nigerians should really stop parading their Dearth of Education on Matters they profess Expertise in. Here is what the US First Amendment imposes: 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 

Twitter is not the only Medium for “Freedom of Expression” in Nigeria. The general Argument of the Buhari Government Ban denying Access to ‘Freedom of Expression’ is practically derisional and legally unsound. It is analogous to proposing that because you have been made to ride on Okada (Autobike) instead of being driven in a Car, you have been excluded from the Means of Transportation. It is quite rich that this Team of Abati, Abiola, Okpe and Oseni should moan about Twitter being banned. These Persons' collective Stance is so hypocritical yet I have not heard anyone point Attention to it. As Twitter is a private Enterprise, so is ARISEtv. Twitter makes its Platform accessible to all; high and low. What stops ARISEtv and/or the Anchor Team of Abati, Abiola, Okpe and Oseni from doing similarly? This Team is always bringing out this Professor, that legal Expert, this Senator, that Representative, this Governor, that Consultant, all of them talking about the Effects of Buhari Policies on 'the People'. Not once have they brought in an ordinary Person to be interviewed and/or consulted. So, where is ARISEtv's "Freedom of Expression" Access for the Wheelbarrow Pusher, the Petty-Trader, the Market Trader, the Alaaru, the Danfo Driver, the Labourer, the Office Clerk, et cetera? These are the poor, the powerless, and the voiceless. How would the Elites this ARISEtv Crew consult know what it is to be of the working Class (the low paid and/or unqualified) I mentioned above? 

With my West African School Certificate (WASC) (and my 1 Year Correspondence Diploma in Journalism (worthless per se) I once worked in a Foundry Factory for Building Materials in Lagos, Nigeria. The Difference between the Smelters and I were (i) I was a Checker and (ii) my Pay. I was on the hot Furnace Floor with them every Day. What would I be checking if I was not in the smelting Area with them? I ran the Risk of Harm as they did should the slithering Rods orange hot get off rail. Most of the Smelters were Ghanaians also with WASC, but had an elementary School Certificate holding Nigerian as their Foreman. He was so awful to them that I had to caution him many times a day, every day.  I left after 2 Weeks. I could no longer expose myself to the unforgiving and inevitable Heat of the Foundry Floor, and the Danger ever present with the slithering Rods. Which Medium in Nigeria has ever given such Workers "Freedom of Expression" on their Platforms? Such Workers are the Experts on their working Conditions, their living Standards, their Helplessness, and diminishing Hopes not some Textbook-Regurgitators falsely-conscious of themselves as Experts. Does the ARISEtv Crew of Abati, Abiola, Okpe and Oseni not know that Radio, and Television are interactional Media too? Ah, they have not read that in a Textbook or any other Book written by an Eyinvo (Oyinbo) Author, Western or not. Ba.

Aside from the double Standard I identified above of those Journalists, and Others who behave like them, there is the Imperative of clarifying what Manner of "Freedom of Expression" the Buhari Government Ban inhibits. What exactly are they grieving about? Twitter is a Podium for all Sorts of Expression, from the serious to the mundane, and to the absolutely inconsequential. It is also an Outlet for Expressions such as abusive trolling of Persons. So, which Manner of Expression precisely has the Nigerian Government Ban on Twitter stymied?

The Economic Community of West African States Court of Justice (ECOWAS CCJ) has now "restrained" Nigeria from prosecuting Twitter Users https://aje.io/5mbzat Anyone familiar with my writing on the Ban would know that I have had no View on whether or not these Users should be subjected to Court Charges. My Concern has always been about the legal Right of the Nigerian Territorial-State to ban Twitter from operating within its Boundaries. If the ECOWAS CCJ should eventually rule against Nigeria's Ban of Twitter, it would be absolutely unsound in any Way reasonable. It would not have emerged from intellectual Minds. It will be Outcome I would urge Buhari's Government to disregard. Before certain Nigerians start to object to me from their uninformed and pretty much inequitable Minds, and 'hurl abuse' - I have already thrown mine - how many International Law's unfavorable Rulings have Israel and the US disregarded? In fact, these two Countries do not consider themselves bound by International Courts. Yet, Nigerians worship these two Territorial-States. Huge Hypocrisy. Is Nigeria any less of a Territorial-State? In 'International Law', Nigeria is not. Why do Israel and the US behave the Way they do about intergovernmental Organizations? It is because they are cognizant that (a) their Country's Sovereignty is superior to any intergovernmental Body,1 and (b) they have Right to raison d'état (Reason of State) which supersedes any Obligation on their Countries. Those familiar with International Relations Theories would presume me a 'Realist'. I am not, actually. I am a Neo-Realist.

Why the Nigerian Government banning of Twitter is appropriate 

As I have written previously in https://twitter.com/IP_dan_Iyan/status/1402933848208445443?s=19 which I copied to #ARISEtv, #ReubenAbati, @Twitter, @amnesty, @StateDept @UKinNigeria, et cetera, I do believe the Ban is Retaliation for Twitter deleting President Buhari’s Tweet on the Nigerian Civil War warning of how those intent on reigniting it would be countered. 

Twitter is private Enterprise although Oseni suggested in https://youtu.be/_JwKrbIr40AYou that it is Government. He implied this with his use of "intergovernmental" to define @Facebook's, @Google's and Twitter’s Relationship(s) with Governments. These Social Media Platforms have no "intergovernmental" Relationship with any Government Mr Oseni because they are not Governments by any stretch of the Imagination. 

In Practice, Governments interfere with one another and they do this mostly through diplomatic Channels. Occasionally, you find Governments going Public with their Disapproval of One Another. Whatever the Case, they make sure that they (1) have damn good Reason for any Condemnation – Good Reason could be deferring to Populism – and (2) do not undermine Statements from One Another which are truthful Statements unless there are Reasons of State to do so. 

In deleting Buhari’s Tweet stating that 

"Many of those misbehaving today are too young to be aware of the destruction and loss of lives that occurred during the Nigerian Civil War. Those of us in the fields for 30 months, who went through the war, will treat them in the language they understand" 

Twitter, a private Enterprise, imposed itself in Judgment over the President of the Territorial-State of Nigeria. Twitter assumed Superiority over the President of a Country, and over the Government of that Country, and unforgivably over the Sovereignty of that Country. In short, Twitter dishonored the Sovereignty of the Nigerian Republic over a tweeted Statement innocuous and apposite to those who have an Understanding of the Background to that Statement.

As I have written previously, Twitter has the Right to disengage from its Platform anything that is to its Distaste, whether or not the Displeasure is justified or justifiable. After all, Twitter owns its Platform. However, Twitter has no  dispositional Right, legally or morally or philosophically or practically to presume Superiority over the Sovereignty of the Nigerian State notwithstanding that State's current Infamy. Perhaps, it was banking on the irrational Support it is now getting from Nigerians who are intellectually disoriented from appreciating the Importance of the Sovereignty of a Territorial-State. If you allow Abuse to happen to an estranged Government, you would be allowing a Precedent set for your Country irrespective of the Tenor of future Governments. 

If Twitter, because it owns its Platform, can dislodge President Buhari’s Tweet, the Government of Buhari can reciprocally exclude Twitter’s Presence in Nigeria, after all, the Government represents the Country of Nigeria. I deployed the Term “democratically elected” earlier - albeit I do not subscribe to the Western-indoctrinated Distortion of Democracy - for the following Purpose. No matter what Nigerians now think of Buhari, they voluntarily put him in charge of their Country. He is not a Military Head of State, but even if he were, he would still be the main Representative of the Nigerian Legal Entity. By their Votes, Nigerians said in a majority Voice that they trust(ed) Buhari's Judgement. They willingly transferred severally and collectively their decision-making Prerogatives to him. Then, he makes a Decision for the Country of Nigeria, but a private Entity, Twitter, decided it would not tolerate the Decision made with the Weight of a Country behind it. Instead of rallying in Support behind their President for the sensible Decision he made in cancelling Twitter for disrespecting the Sovereignty of Nigeria, Nigerians unite behind Twitter. Now, you can understand why most of the African Slaves to Europe and the Americas came from the Geography they today call Nigeria. Give them a Gift and they sell their Souls. The Twitter Platform is the Gift this Time around.

Mr Lai Mohammed, Nigeria's Minister of Information and Culture, makes himself a laughing stock by giving different Reasons for banning Twitter's Presence in Nigeria. He only emboldens those  bent on removing the Speck in Another’s Eye, but totally unconcerned with the Log in their’s. The Buhari Government does not have to give any Reason for barring Twitter’s Access to Nigerian Users. It has simply shut out a private business Venture whose Activities or whose Facilitation of Activities are deemed by the Government to be inimical to Nigeria’s Interests. No Government has to provide Reasons for shutting down such Business Entities from continuing Operation within its territorial Boundaries. I will render here a Yoruba Aphorism for Mohammed’s Detractors and it is this: “e so omi apon ti o yo le, e gbe omi ila ka na.” I am sure Tundun Abiola, and Reuben Abati will understand this Adage, if I have written it correctly, but I do not know if Ojy Okpe, and Rufai Oseni would. Twitter overreached even though it does not even have Reach. It interfered with the Sovereignty of the Territorial-State of Nigeria. It is so sad that Nigerian Journalists, the self-appointed Protectors of ‘the People’, cannot recognize they should defend the Integrity of ‘the People’ when the Sovereignty of their Territorial-State has been undermined, not even by another Government, but by private Enterprise Twitter. 

Separating the Seed from the Chaff 

I have never appreciated Muhammadu Buhari either as capable or worthy to be Nigerian President and I still do not, but the Twitter Issue is different. Twitter allows Mr Nnamdi Kanu, and the Indigenous People of Biafra (IPOB) Structure to use its Platform to destabilise Nigeria. I get sent to my Twitter Feed incendiary Tweets from these Sources. The Nigerian President released a Tweet in Response to the Calamities Kanu and IPOB are causing in Nigeria, and warned of quid pro quo Consequences. Twitter removed the President’s Tweet as unacceptable. 

Those of us who lived through the Nigerian Civil War of 1967 to 1970 and have recoverable Experience of it would find anything wrong with what Buhari tweeted only if they want to be popular and ride on the Bandwagon of sentimental and ill-informed Understanding of what Twitter really is. See again my https://twitter.com/IP_dan_Iyan/status/1401321974832508931?s=19 I cannot emphasize it enough. Twitter is just a private Enterprise Platform for expressing whatever it takes the Fancy of Anyone to express. Twitter is not a Facility for Arbitration. Even if it were, it is injurious for it to sanction one Party while absolving another for cognate wrongdoing. What our Nigerian Journalists have elected to forget, or perhaps do not know, is that Twitter’s Practice of monitoring Posts on its Platform was demanded of it by the Government of the United States in particular. It was not Twitter's Initiative. It so happens that when anyone is executing a Process s/he has not initiated, s/he would be unable to carry out precisely the Intention of the Initiator of that Process. It is a simple Fact of Life.

I am aware that Ms Abiola and Dr Abati read Law, and I wish them to direct me to where in International Law Twitter is recognized as a Human Rights Vehicle and/or the sole Vessel of ‘Freedom of Expression.’ These Persons and the Textbook legal Experts they continue to impose on their Audiences should stop their Misdirection of the Nigerian Public in the Abuse of their Visibilities. They ought to call a Spade, a Spade. If they are incapable of identifying a Spade, they should desist from fronting themselves as though they do. The Spade is an Analogy. I signed a global Petition to the International Criminal Court asking it to investigate, and if appropriate indict Buhari, for the Murders of defenceless and unarmed Protesters during the #EndSARS Demonstrations. I contributed Money towards the wider Circulation of the Petition. It is a global Petition. Who of the Nigerian pro-Twitter Journalists did either or both of what I did? I also wrote my Condemnation of the Buhari Government's Conduct on the #EndSARS Protests in  http://ipemndohdaniyan.blogspot.com/2020/11/endsars-but-crux-is-civilian-government.html I do not carry a Nigerian Passport, and I do not wish to, but that is not the Point. I am simply able to distinguish when any Advocacy or Agitation is for the ‘Common Good’ of Nigerians and when such are for the Good of Choice Nigerians, the Select Group, to the Detriment of the Common Good. Antagonism of the Nigerian Government Ban on Twitter in the Circumstances of the Ban is insidious to the Health of the Nigerian Republic, and her Populations. Really, y'all must see beyond your Noses rather than being preoccupied with your disconnected Access to Twitter.

Please, y'all should stick to challenging Buhari's Mismanagement of your Country of Nigeria, his indefensible Disrespect on Occasions for your Constitution, his Security Services' Disregard for Due Process, inter alia. Continue to expose his Government's Heartlessness to 'the People', et cetera. Concern yourselves with Buhari's Government and his All Progressives Congress (APC) Political Party's Crucifixion of Nigeria's domestic (internal) Common Good. I am unable to perceive the Opposition People's Democratic Party (PDP) any better. The World has observed them in Government. Importantly, both political Parties have convinced themselves that only Retrospective-Nigerians2 should continue to be Nigeria's Presidents. What do they want? Have they not stolen more than enough of Nigeria's Money? Are they not satisfied yet with driving Nigeria to the Tip of the Precipice, and leaving her there?

Y'all proTwitter Journalists will earn Plaudits for your Endeavours in revealing the 'moral Degeneracy' of your Above the Age of Nigeria's Independence Career-Politicians. They are Encumbrances to be discarded with the casting of 'the People['s]' most precious Property in Electoral Politics; the Vote. Stop backing Twitter's Corner. For as long as Twitter facilitates Nnamdi Kanu and IPOB to visit Violence in situ in Nigeria and you do not cease criticising your Government for banning Twitter, y'all aid and abet prospective Conflagrations in Nigeria. Twitter has made its Choice. Dig? Let it live with it or is there 'more than meets the eye' for y'all Support for Twitter? I wonder.

Endnote 

1ECOWAS and its Agencies are such a Body as are the United Nations and Organs/Agencies, and the North Atlantic Treaty Organization (NATO) et cetera. Get the drift?

2My Retrospective-Nigerian is the Person born either in the (i) British Colony and Protectorate of Nigeria or (ii) Federation of Nigeria, before Nigeria's Independence on 1 October 1960. They were made Nigerians by both the Constitution of the Federation of Nigeria, 1960 and The Constitution of the Federal Republic of Nigeria, 1963. I, too, was a Retrospective-Nigerian.

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16 June