EMPOWERING ONLINE VOICES: A CYRILLA POLICY BRIEF ON FREEDOM OF EXPRESSION IN SUB-SAHARAN AFRICA Trustees Of The Socio–Economic Rights And Accountability Project (SERAP) versus Federal Republic of Nigeria45 found the Nigerian government violated freedom of expression by suspending Twitter on June 4, 2021, claiming it was necessary for sovereignty protection, while the Applicants argued it was retaliation for a flagged tweet by the President. The Court ordered Nigeria to lift the suspension, deeming access to Twitter a derivative right complementary to freedom of expression and a violation of the African Charter on People and Human Rights46 and the International Covenant on Civil and Political Rights (ICCPR).47 Moreover, Justice Catherine Bamugemereire held that the Ugandan Constitution does not recognise the right to internet access and social media.51 This points out the evident lack of government will to advance reforms towards the freedom of expression. This is evidenced by arbitrary internet shutdowns and deficient judicial activism. Overcoming these challenges necessitates enhancing digital literacy, promoting algorithm transparency and judicial activism, and strengthening fact-checking mechanisms while implementing smart regulations to balance freedom of speech while mitigating harmful practices. Collaboration among governments at all branches and levels, social media companies, civil society, and individuals is crucial to establish consistent frameworks, foster ethical behaviour online, and leverage technology for positive societal impacts, ultimately preserving fundamental rights and promoting inclusivity and safety in the digital age.52 To realise this, governments in Sub-Saharan African countries should adopt a proactive approach in legislation to delineate the exercise of this freedom clearly and an equally activistic judicial philosophy to create jurisprudence in areas where the present legislation falls short, as canvassed earlier above in the Amnesty Internation- The Constitutional Court of Uganda in Kampala, in the case of Unwanted Witness-Uganda & Tumuhimbise Norman versus Attorney General48, unanimously dismissed a petition by NGO Unwanted Witness-Uganda and Journalist Tumuhimbise Norman challenging government shutdowns of social media and mobile financial services during elections, citing a lack of constitutional interpretation.49 The Petitioners argued that this violated their rights to freedom of speech and expression as provided for in Article 29 of the Constitution of Uganda.50 The court’s findings were purely based on the fact that the petition did not invite the bench to assess or determine whether a statute contravenes any article of the constitution and that they did not mention the words of the allegedly contravened provision. al Togo case.53 CYRILLA, ‘Unwanted Witness-Uganda & Tumuhimbise Norman v. Attorney General,’ https://cyrilla.org/en/entity/ncqcxn3btwh Accessed 24 May 2024 52 Krishnan R, Vel R and Zala P, ‘Promoting Online Safety: The Government’s Role in Combating Cyber Harassment and Cybercrime Through Social Media Platforms’ Research Gate, 184, June 2023 <https://www. researchgate.net/publication/373504452_Promoting_Online_Safety_ The_Government’s_Role_in_Combating_Cyber_Harassment_and_Cybercrime_Through_Social_Media_Platforms> Accessed on 13 June 2024. 53 CYRILLA, ‘Dialling in the Law: A Comparative Assessment of Jurisprudence on Internet Shutdowns,’ https://cyrilla.org/en/entity/suwvb32mtl Accessed 17 April 2024. 51 CYRILLA, ‘The Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) & 3 Ors v. Federal Republic of Nigeria,’ https://cyrilla.org/en/entity/vhrlh1wig5 Accessed 21 May 2024. 46 African Charter on Human and People’s Rights. 47 The International Covenant on Civil and Political Rights (ICCPR) 48 Unwanted Witness-Uganda & Tumuhimbise Norman v. Attorney General, Constitutional Court of Uganda (2021) 49 CYRILLA, ‘Unwanted Witness-Uganda & Tumuhimbise Norman v. Attorney General,’ https://cyrilla.org/en/entity/ncqcxn3btwh Accessed 24 May 2024 50 Article 29, Constitution of Uganda (1995) 45 11