This doesn't make sense. "Material" is a term of art defined with regard to the current deal, there's no such thing as determining "the number of bots is material" in a general sense such that customers (I presume you mean advertisers) would automatically be allowed to sue.
Sure, if Musk finds Twitter has historically lied that would be significant. But Twitter doesn't have a single "bot number". In specific circumstances they make specific calculations using defined procedures. For example, the number Musk is whining about uses active - not all - users as the denominator, so of course it's going to be lower than the "real" number of bots.
Surprisingly to me, so far Musk hasn't provided an argument beyond this same sort of word salad. Maybe he's playing n-dimensional chess, but if Twitter sues him he'll presumably have to make his real secret arguments in open court. We'll see then.