A digital rights organisation has asked the Federal High Court in Abuja to order TikTok to restore access to its platform in Kano, Kaduna, Kebbi and Sokoto states, alleging that the restrictions violate users’ constitutional rights.
The Foundation for Digital Justice and Sustainable Development filed the suit against TikTok Inc. on October 5, under the Fundamental Rights Enforcement Procedure Rules, 2009.
The suit, marked FHC/AB/CS/2409/2026, is seeking declarations that the alleged restrictions are unconstitutional and discriminatory, as well as orders compelling the social media company to restore access.
In an affidavit filed in support of the case, the foundation’s legal officer, Abidat Idowu, said users in the four states began experiencing difficulties accessing TikTok around September 11.
She claimed that by September 14, the platform had become “completely restricted and inaccessible to millions of Nigerian users” in the affected states.
According to the affidavit, users relying on regular mobile data experienced frozen feeds, failed video uploads and delays while attempting to access content.
“These users cannot load videos, refresh their feeds and upload content on TikTok,” Idowu stated.
The foundation alleged that users in other parts of Nigeria continued to access the platform without similar restrictions, arguing that the difference amounted to discriminatory treatment.
It further claimed that some users had regained access by using virtual private networks, which can make internet connections appear to originate from other locations.
The organisation is asking the court to determine whether the alleged restrictions violate Section 39 of the 1999 Constitution, which guarantees freedom of expression, and Article 9 of the African Charter on Human and Peoples’ Rights.
It is also relying on Section 42 of the Constitution and Article 2 of the African Charter in challenging what it described as differential treatment of users in the four states.
The foundation argued that TikTok had evolved beyond entertainment and had become an important platform for journalism, business, communication, civic participation and political discourse.
It said activities such as posting, viewing, liking, replying to and reposting content amounted to “expressive conduct” protected by the right to freedom of expression.
The organisation is asking the court to declare the alleged restrictions “wrongful, unconstitutional and arbitrary” and order TikTok to immediately remove them.
It is also seeking a perpetual injunction restraining the company from imposing similar restrictions on users in Nigeria without lawful justification.
In addition, the foundation wants TikTok ordered to publish a public apology in three national newspapers within seven days of judgment.
The organisation said the case was necessary to protect digital rights and uphold the rule of law.
“Unless the reliefs sought herein are granted, the respondent will continue to violate the fundamental rights of millions of TikTok users,” the affidavit stated.
TikTok Inc., based in California, United States, is the sole respondent in the suit, which was filed at the Abuja Judicial Division of the Federal High Court.
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