Lawyer Festus Ogun’s Lawsuit Challenges Political Office Holders’ Right to Block Citizens on Social Media

By Adetayo Omotoyosi

The Nigerian law has once again come under scrutiny by lawyer Festus Ogun, following his recent move to challenge the legality of Governor Babajide Sanwo-Olu blocking him on social media.

This move has sparked another conversation about government officials and whether they have the right to block the citizens they govern online. Almost all social media platforms offer the option to block other users for various reasons. However, the steps taken by Festus Ogun have set a precedent and ignited debates among Nigerians, including lawyers.

Why Festus Ogun is suing Governor Sanwo-Olu

According to Festus Ogun, he first noticed that the governor had blocked him in 2021 on his official X handle, @jidesanwoolu, due to his constructive criticism of the governor’s policies. He added that the reason for blocking him also included his demand for accountability regarding the 2020 EndSARS killings that occurred in Lagos.

He said, “I have gone through mental stress and trauma over this matter, but I will not ask for damages, so I won’t be seen as a gold digger. Just unblock me.”

He lamented that due to the governor’s action, he has been unable to access public updates and information about policies and governance in Lagos. Ogun described Sanwo-Olu’s action as a violation of his Politiright to receive information.

“It is my case that blocking me on X has prevented me from accessing public updates and receiving information about policies and governance in Lagos, since he uses the X account to post only official policies and governance matters, which constitutes a violation of my right to receive information without interference, subsumed under the right to freedom of expression.”

“Also, by blocking me due to my criticism of his administration and my demand for transparency, the governor has violated my fundamental rights to freedom from discrimination on the basis of political viewpoint or opinion. I invite the Nigerian court to be persuaded by the decision of the US District Court in *Knight First Amendment Institute v Trump*, where President Trump was found to be in violation of the 1st Amendment when he blocked US citizens for criticising him on Twitter. I feel haunted, traumatised, and emotionally disturbed by the knowledge that the governor of Lagos State, where I live and work as a legal practitioner, has targeted and singled me out by blocking me on X.”

He added that his decision to sue the governor is intended to put an end to the impunity of elected officials and to demonstrate that intolerance to criticism and accountability has no place in the constitution and democracy.

“This suit is not just about me. I have filed this lawsuit in furtherance of public interest and with the hope that it sets a precedent in our digital rights jurisprudence,” he noted. Mr Ogun also decried the high-handedness of the Nigerian government against critics, journalists, bloggers, and vocal citizens on social media, using what he called “arrests, detention, surveillance, collusion with big tech, and outright blocking as weapons.” “That narrative must stop, and we have a collective duty to invite the judiciary to put an end to it,” he concluded.

Lawyer speaks on the issue

Since the news went viral online that a lawyer has sued the governor for blocking him on social media, arguments have arisen both in favour of and against the decision among Nigerians, especially lawyers.

In an exclusive interview with *The Lagos Voice*, lawyer Akinkunmi Abolade opined that, as argued in the written address filed by Festus Ogun, social media accounts of public officials through which public information is disseminated should not block anyone. “It is his right to receive information just as everyone else. It is also dangerous for our democracy if public officials are allowed to block people on social media.”

According to him, blocking Ogun on social media negatively impacts the right to freedom of expression. He said, “The Governor of Lagos State is the entity being sued. Sanwo-Olu is not being sued in his personal capacity. Therefore, the issue of immunity does not arise. People can sue the governor or president in their official capacity. The immunity afforded to the governor will not avail Sanwo-Olu in this case.”