Lawsuit Alleges Constitutional Rights Violation by Governor Sanwo-Olu
A significant legal battle over digital rights and freedom of expression has been initiated in Nigeria. Human rights lawyer Festus Ogun has filed a lawsuit against the Governor of Lagos State, Babajide Sanwo-Olu, at the Federal High Court in Lagos. The suit, marked FHC/L/CS/1739/25, centers on the governor’s alleged infringement of Ogun’s fundamental rights by blocking him on the social media platform X, formerly known as Twitter.
The lawyer asserts that this action, which he claims has been in effect since 2021, is a direct response to his critiques of government policies and his persistent demands for accountability concerning the October 2020 #EndSARS protests and the reported killings that followed.
Details of the Legal Challenge and Plaintiff’s Claims
In a public statement made on Facebook, Festus Ogun detailed the reasons behind his legal action. He stated that his access to Governor Sanwo-Olu’s verified X handle, @jidesanwoolu, was revoked due to his role as a government critic.
Ogun explained, “In 2021, I noticed that the Governor blocked me on his official X handle owing to my constructive criticisms of his policies and demand for accountability in respect of the October 2020 #EndSARS Massacre.”
The core of Ogun’s argument is that the governor’s official social media account is a public forum, a digital space where government information is disseminated. By blocking him, Ogun contends he has been unlawfully denied access to crucial public information and official updates about governance in Lagos State. He characterizes the governor’s action as unconstitutional, arbitrary, and discriminatory.
The Legal Arguments and Sought Remedies
The lawsuit frames the blocking as a violation of multiple fundamental rights enshrined in the Nigerian Constitution. Festus Ogun’s legal team is expected to argue that the action infringes upon his right to freedom of expression, his right to receive information, and his right to non-discrimination.
The legal summons outlines specific demands from the court. Ogun is asking the judiciary for several key declarations and orders:
- A formal declaration that the act of blocking a citizen from a government official’s social media page is unlawful and unconstitutional.
- An order of mandamus compelling Governor Sanwo-Olu to unblock his X account immediately.
- A directive for the governor to issue a public apology for the alleged rights violation.
- An order of perpetual injunction to restrain the governor and his agents from blocking him or any other critical citizens on X or other social media platforms in the future.
A Precedent-Setting Case for Nigeria’s Digital Rights
Festus Ogun has emphasized that this lawsuit transcends his personal grievance. He positions it as a public interest case with the potential to shape the future of digital rights and online free speech in Nigeria.
He drew a parallel to a landmark 2019 ruling in the United States, where a federal court held that former President Donald Trump violated the First Amendment by blocking critics from his personal Twitter account. Ogun hopes to establish a similar legal precedent within the Nigerian judicial system.
“This suit is not just about me,” Ogun explained. “I filed this lawsuit in furtherance of public interest and with the hope that it sets a precedent in our digital rights jurisprudence.”
The Broader Context of Dissent and Democracy
The lawyer also connected his case to a wider pattern of behavior by Nigerian authorities against critics and journalists. He expressed that he feels “haunted, traumatised and emotionally disturbed” by the act of being blocked, which he sees as a symbolic silencing of dissent.
Ogun stated, “Intolerance to criticism and accountability is unconstitutional and undemocratic. Nigerian authorities continue to crack down on critics, journalists, bloggers and vocal citizens on social media using arrests, detention, surveillance, collusion with big techs and outright blocking as weapons. That narrative must stop.”
This case highlights the evolving challenges at the intersection of social media, government communication, and constitutional rights. It questions whether a public official’s social media profile, used for official purposes, constitutes a modern public square where all citizens have a right to access information and participate in discourse, even when that discourse is critical. The outcome of this lawsuit could have profound implications for how Nigerian government officials interact with citizens online and could set a critical benchmark for protecting digital freedoms in the country.
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