A. Introduction: 1. This is the submission of the Robert F. Kennedy Human Rights (hereafter referred to as the Amicus Curiae) filed pursuant to the leave of the Honourable Court in the matter of the Registered Trustees of the Socio-Economic Rights and Accountability Project (the Applicant) and the Federal Republic of Nigeria (the Respondent). 2. The subject matter of the substantive application is the legality and compatibility of the indefinite suspension of Twitter microblogging services by the Respondent through its Federal Minister of Information and Culture with the guarantees of the rights to freedom of expression, access to information and media freedom enshrined in Articles 8 and 9 of the African Charter on Human and Peoples’ Rights; Articles 7, 9 & 19 of the International Covenant on Civil and Political Rights; Articles II, XII, and XIII of the Declaration of Principles on Freedom of Expression in Africa 2002; Articles 1, 6, 7,10, and 11 of the Supplementary Act (A/SA.1/6/10) on Freedom of Expression and Right to Information in West Africa 2010; and Article 32 Supplementary Act (A/SA.1/01/10) on Personal Data Protection within Economic Community of West African States. 3. The substantive application equally raises questions around the legality of the directive of the Respondent through the National Broadcasting Commission prohibiting the use of Twitter by the press and the threat by the Respondent’s Attorney General and Minister of Justice to prosecute Nigerians including the press who continue to use Twitter by deploying encryption technology such as Virtual Private Network (VPN). 4. This submission addresses the following with respect to the subject matter of the substantive suit: a. The interpretation of the right to freedom of expression (including online expression) under international and regional human rights law applicable to the Respondent. b. The limited circumstances in which States may restrict freedom of expression (including online expression) and the three-pronged test for determining whether a restriction complies with international and regional human rights law applicable to the Respondent; and c. Comparative analysis of international and regional law, jurisprudence and standards on freedom of expression (including online expression) 5. The Amicus Curiae notes the positive jurisprudence of this Honourable Court on freedom of expression, media freedom and access to information through the internet, especially the decisions of this Honourable Court in the case between the Federation of African Journalists & 4 ors v. The Republic of the Gambia (2018) and Amnesty International Togo vs. Togolese Republic (2020). 6. Given the position of this Honourable Court as an international court and its previous reference to jurisprudence and standards from human rights systems outside Africa, this submission presents analysis on the subject matter of the substantive suit from the InterAmerican and European human rights systems. 2