#EndSARS Protest: Lawyer Joins $1bn suit Against Twitter, Others

Chief Malcolm Omirhobo

#EndSARS Protest: Lawyer Joins $1bn Suit Against Twitter, Others

A Nigeria lawyer cum activist, Chief Malcolm Omirhobo, has filed an application before a Federal High Court, Abuja, seeking to join as respondent, in a $1 billion USD, suit filed by a former presidential aspirant against Twitter, it’s founder and others, over recently held EndSARS protest.

The former presidential aspirant, Adamu Garba, had instituted the $1 billion suit against Twitter and its founder, Jack Dorsey, over his role in the #EndSARS protests which has led to violence across the country, resulting in the destruction of properties and loss of lives.

Adamu in a suit numbered FHC/ABJ/CS/1391/2020, had accused Twitter’s founder, Jack, for supporting the funding of the protests across the nation, through a series of tweet posts on his official Twitter handle on Tuesday, October 20, 2020.

Adamu’s motion on notice was brought before the Court, pursuant to order II Rules 1, 2, 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Sections 34(1), 35(1) and 41(1), and 43 of the 1999 Constitution.

Those joined as respondents alongside Twitter and its founder in the suit are; the President of the Federal Republic of Nigeria, the Attorney General of the Federation, the National Security Adviser, the Inspector General of Police, the Director-General of the Department of State Services, the Commandant of the Nigeria Security and Civil Defence Corps, and the Nigeria Communications Commission.

The former presidential aspirant is seeking an “order directing the 8th (Dorsey) and 9th (Twitter) respondents to jointly pay him the sum of $1bn as damages.

 
Garba in his tweet post according to an online medium, nairametric.com, said, “Here’s your motion of notice, a fine of $1 billion in favor of the Federal Republic of Nigeria as compensation for lost lives, properties and convenience, as a result of your active support for funding of #EndSARS protests after the issues is been attended to by the Government.

“Under a clear mark of gross abuse of privilege, you used your platform to instigate a protest that has now turned into the breakdown of law and order in Nigeria. You should publish a public apology to the Nigerian government and people for violating our sovereignty to peace and security.

“You have violated the international principles of nationhood and democracy by meddling into our local affairs, knowing fully well that these are capable of toppling the democratically elected government of the day and slowing us down from progress on our hard-earned democracy journey. I trust that the Federal High Court of Nigeria will serve you the motion accordingly”.

However, Omirhobo in his fundamental rights enforcement application brought before the court, is seeking an order of the court joining him, as respondent in the suit filed by the former presidential aspirant against Twitter and others.

Omirhobo’s application is pursuant to the provisions Order II Rules 1, 2, & 3 of the fundamental rights (enforcement procedure) Rules, 2009, and Sections 34(1), 41(1), 43 and 46(1) (2) of the 1999 Constitution of the Federal Republic of Nigeria, (As amended) and Articles 1, 2, 3, 4, 5, 6 and 12 of the African Charter on Humans and peoples’ rights (ratification) and Enforcement Act, Cap. A9, LFN 2004.                                                       
Omirhobo is also seeking an order of the court, directing the first to sixth Respondents (the President of the Federal Republic of Nigeria; Attorney-General of the federation; National Security Adviser; Inspector; General of Police; Director-General, Department of State Securities Services; the Commandant-General of the Nigeria Security and Civil Defence Corps), to take measures to stop the 8th to 10th Respondents (Jack Dorsey (CEO of Twitter Intl. Company & founder of Twitter); Twitter International Company; Protesters (EndSARS protest) from further sponsoring and carrying out the ENDSARS protest using force that is reasonably appropriate in the circumstance.

The applicant, who claimed to be member of the Nigerian Civil Society and a Minister in the temple of Justice with the commission to defend the 1999 Constitution of the Federal Republic of Nigeria (as amended) at all times, said he is apprehensive that the suit will affect him one way or the other, being a human and civil rights activist, a social crusader who have participated and/or led several peaceful protest in his advocacy for good governance.

Omirhobo described Adamu’s suit as an invitation to clod and shut the Nigerian Civic space, which is part of his major constituent. Adding that his interest in the suit, will enable him to ventilate suit his iews on the protest viz a viz whether any alleged right was breached.

Chief Omirhobo also stated that his interest in the suit is to challenge same on ground that it is misconceived, and an attempt to interfere into the fundamental rights of movement, and association of Nigerians

The Applicant in an affidavit deposed to by one Maxwell Egede, said the application of the former presidential aspirant succeeds and peaceful protesters are stopped from protesting peacefully, his cherished fundamental rights will be adversely affected.

He therefore urged the court to grant his application in the best interest of justice as neither of the respondents rights will be affected.

Date has not been fixed for the hearing of the suit.