On-the-proposed-hate-speech-bill-and-its-death-sentence-nothing-but-a-draconian-law-intended-by-the-apc-led-government-to-silence-nigerians-from-criticizing-its-failures
September 7, 2020 | News
ON THE PROPOSED HATE SPEECH BILL AND ITS DEATH SENTENCE – NOTHING BUT A DRACONIAN LAW INTENDED BY THE APC-LED GOVERNMENT TO SILENCE NIGERIANS FROM CRITICIZING ITS FAILURES
There is no better way to describe the recently proposed Hate Speech bill by the Nigerian Senate, other the subject caption. The said new bill, which has gone pass second reading, has proposed that any person found guilty of any form of hate speech that results in the death of another person shall die by hanging upon conviction. It also seeks the establishment of a supposed ‘Independent National Commission for Hate Speeches’, which shall enforce hate speech laws across the country, ensure the elimination of the menace and advise the Federal Government, according to reports.
Now the question, is this really the pressing problem of the Nigerian people? Is this what Nigerians (whose daily life experiences is nothing but depravity, heartache, sufferings and hardship caused by the miss-governance of Government), are asking for? Will such archaic, draconian, undemocratic, unjustifiable, irrelevant, selfishly-driven bill make food and other basic amenities affordable to the average Nigerian common man? Or is the said hate speech bill, simply a bill orchestrated to protect the interest of the APC-led Federal Government so that Nigerians who are dissatisfied and tired of their non-performance, will not criticize them for their failures and misrule? This is exactly how many Nigerians like us, see the said proposed hate speech bill. The APC-led Federal Government through its supporters/party members in the National Assembly of The Senate, are simply telling Nigerians that if the Federal Government is grossly misruling and doing somethings wrong, Nigerians cannot ‘speak out freely’ to condemn them and their actions.
What else, could be more evident to describe the said bill, which is a draconian law that hallmarks dictatorship, and cannot be the solution to hate speech in a democratic society. If the Federal Government and the National Assembly are really sincere in trying to address the issue of hate speech, they should realize that what the country needs today is “engagement by multiple stakeholders” to determine what actually constitutes hate speech and agree on effective measures for dealing with such. If the bill is passed into law, it would gravely pose a “threat to freedom of expression” by the Nigerian public, as well of freedom of the press and safety of journalists in the country.
For the fact that the said hate speech bill was sponsored by the spokesman of the Upper Chamber, Senator Aliyu Sabi Abdullahi (APC, Niger), is clear indication to buttress our earlier assertion above. Agreed that the said bill also addresses the issue of offences such as harassment on the grounds of ethnicity or racial contempt, and that a culprit in this light shall be sentenced to “not less than a five-year jail term or a fine of not less than N10 million or both,” however, for the fact that the same bill also notes: “A person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and/or visual, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour, commits an offence, if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria,” it simply does not make sense.
This is the same Government, who on the one hand, had classified and branded those who bear no arms as terrorist group just because they are dissatisfied with the way the country is structured against them, but on the other hand, those who have been killing hundreds of Nigerians with AK47 and destroying property and sacking communities, are protected to a large extent and not given a full blow by the Nigerian Security operatives. It is this same Government that is now coming out to enact a bill to further ‘silence’ the voice of Nigerians from complaining about its failures and skewed-style of governance that is soaked in nepotism and the award of failure. Whereas, the criminal and inhuman activities of these terrorists’ groups – Boko Haram and Fulani Herdsmen, are clothed-in ‘hate’ and religious extremism, all of which are more grievous crimes than any form of hate speech. But despite their criminal activities, how many of them have been sentenced to be hanged by the noose? By trying to ‘create an atmosphere’ where people will no longer be free to say things against the APC-led Federal Government, these people are simply trying to ‘prepare grounds’ for 2019 elections, to make themselves ‘look good’ to the Nigerian populace and the outside world. But obviously, this is fruitless, as Nigerians will no longer be fooled by these politicians.
We are also not the only ones that are kicking against this barbaric proposed bill by the Senate. Many Nigerians have raised alarm and are crying out, warning of the consequences such a bill will portend for our nation’s democracy. Recently, a media watch group, International Press Centre (IPC) has warned the Nigerian Senate against going ahead with the passage of the said bill now before it, which prescribes death sentence for ‘hate speech.’ The Centre in a statement signed by its Chairman, Lanre Arogundade, warned that if passed, “the bill would crush the right of Nigerians to freedom of expression as guaranteed by the constitution of the country.” Arogundade advised that national assembly to convene a meeting with stakeholders to determine what could be regarded as hate speech. Speaking further he said, “Much as we do not welcome hate speech, we do not also welcome a law that would gag citizens and deny the public the right to know.”
The Nigerian Union of Journalists (NUJ) has also cautioned the Senate against approving the controversial Hate Speech bill. In a statement recently, the NUJ National Secretary, Shuaibu Leman, said while the union shared the concerns being expressed by the sponsor of the bill, it was pertinent to caution against prescribing capital punishment for hate speech, principally because it could be used indiscriminately against perceived political opponents by unscrupulous members of the political elite. “It is instructive to note that citizens are entitled to free speech even if they hold offensive and hurtful opinions. We also cannot forget that people have the right to be biased, even offensive in their speech even if journalism is different and we have to be aware of this. It is therefore our considered opinion that it is pertinent to avoid such pitfalls in our bid to come up with legislation to curtail the excesses of citizens,” Mr. Leman said.
Some lawyers, including Chief Sebastine Hon and Kayode Ajulo, expressed concerns over what they described as extreme punishment for offenders. Hon contended that capital punishment is excessive, highhanded and should not be tolerated. He observed that in line with the provisions of the penal and criminal codes of other countries, death penalty, as proposed by the National Assembly, should be opposed by all Nigerians. Citing examples, Hon said: “In Germany, the criminal code stipulates a maximum prison term of five years for offenders, while in Iceland; the maximum sentence is two years. In Netherlands, the Dutch criminal code, in section 137c and 137d stipulates a jail term of not more than one year, while in Canada, the punishments, depending on the category, range from six months to two years and then, five years. “In England and Wales, the Public Order Act, 1986, as amended several times by the Criminal Justice and Public Order Act of 1994, the Racial and Religious Hatred Act of 2006 and the Criminal Justice and Immigration Act of 2008, stipulate a punishment not exceeding seven years.”
While advising the suspension of the Bill or refusal by the President to assent to it, Hon stressed that since power is transient, “anything which could compromise freedom of speech and other forms of constitutionally guaranteed freedoms must be vigorously avoided and or resisted.”
In his response, constitutional lawyer and former Secretary, Labour Party, Ajulo, said: “The term ‘freedom of expression’ is sometimes used interchangeably, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. The 1999 Constitution, as amended, enshrines this right in its Section 39(1), which provides that every person shall be entitled to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without interference. Article 19 of the Universal Declaration of Human Rights, adopted in 1948 by Nigeria, provides that everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Perhaps, President Buhari and the sponsor of the said bill should be reminded that this is not a ‘military era’ where Nigerians cannot freely express themselves or say things they are not comfortable with about the government of the day. We are not in a military regime where The Supreme Military Council just sit down and dish out decrees to shut the people up and prevent them from expressing their rights to freedom of speech. It is in the light of this that we ask that bill be thrown out of the National Assembly. There are more pressing issues and problems which the Senate should focus on and enact laws to address, and not this so-called hate speech. The lawmakers were elected to represent the interest of the Nigerian people and not to be enacting laws that will hurt the people or prevent them from expressing their fundamental human rights.
Zik Gbemre, JP.
There is no better way to describe the recently proposed Hate Speech bill by the Nigerian Senate, other the subject caption. The said new bill, which has gone pass second reading, has proposed that any person found guilty of any form of hate speech that results in the death of another person shall die by hanging upon conviction. It also seeks the establishment of a supposed ‘Independent National Commission for Hate Speeches’, which shall enforce hate speech laws across the country, ensure the elimination of the menace and advise the Federal Government, according to reports.
Now the question, is this really the pressing problem of the Nigerian people? Is this what Nigerians (whose daily life experiences is nothing but depravity, heartache, sufferings and hardship caused by the miss-governance of Government), are asking for? Will such archaic, draconian, undemocratic, unjustifiable, irrelevant, selfishly-driven bill make food and other basic amenities affordable to the average Nigerian common man? Or is the said hate speech bill, simply a bill orchestrated to protect the interest of the APC-led Federal Government so that Nigerians who are dissatisfied and tired of their non-performance, will not criticize them for their failures and misrule? This is exactly how many Nigerians like us, see the said proposed hate speech bill. The APC-led Federal Government through its supporters/party members in the National Assembly of The Senate, are simply telling Nigerians that if the Federal Government is grossly misruling and doing somethings wrong, Nigerians cannot ‘speak out freely’ to condemn them and their actions.
What else, could be more evident to describe the said bill, which is a draconian law that hallmarks dictatorship, and cannot be the solution to hate speech in a democratic society. If the Federal Government and the National Assembly are really sincere in trying to address the issue of hate speech, they should realize that what the country needs today is “engagement by multiple stakeholders” to determine what actually constitutes hate speech and agree on effective measures for dealing with such. If the bill is passed into law, it would gravely pose a “threat to freedom of expression” by the Nigerian public, as well of freedom of the press and safety of journalists in the country.
For the fact that the said hate speech bill was sponsored by the spokesman of the Upper Chamber, Senator Aliyu Sabi Abdullahi (APC, Niger), is clear indication to buttress our earlier assertion above. Agreed that the said bill also addresses the issue of offences such as harassment on the grounds of ethnicity or racial contempt, and that a culprit in this light shall be sentenced to “not less than a five-year jail term or a fine of not less than N10 million or both,” however, for the fact that the same bill also notes: “A person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and/or visual, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour, commits an offence, if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria,” it simply does not make sense.
This is the same Government, who on the one hand, had classified and branded those who bear no arms as terrorist group just because they are dissatisfied with the way the country is structured against them, but on the other hand, those who have been killing hundreds of Nigerians with AK47 and destroying property and sacking communities, are protected to a large extent and not given a full blow by the Nigerian Security operatives. It is this same Government that is now coming out to enact a bill to further ‘silence’ the voice of Nigerians from complaining about its failures and skewed-style of governance that is soaked in nepotism and the award of failure. Whereas, the criminal and inhuman activities of these terrorists’ groups – Boko Haram and Fulani Herdsmen, are clothed-in ‘hate’ and religious extremism, all of which are more grievous crimes than any form of hate speech. But despite their criminal activities, how many of them have been sentenced to be hanged by the noose? By trying to ‘create an atmosphere’ where people will no longer be free to say things against the APC-led Federal Government, these people are simply trying to ‘prepare grounds’ for 2019 elections, to make themselves ‘look good’ to the Nigerian populace and the outside world. But obviously, this is fruitless, as Nigerians will no longer be fooled by these politicians.
We are also not the only ones that are kicking against this barbaric proposed bill by the Senate. Many Nigerians have raised alarm and are crying out, warning of the consequences such a bill will portend for our nation’s democracy. Recently, a media watch group, International Press Centre (IPC) has warned the Nigerian Senate against going ahead with the passage of the said bill now before it, which prescribes death sentence for ‘hate speech.’ The Centre in a statement signed by its Chairman, Lanre Arogundade, warned that if passed, “the bill would crush the right of Nigerians to freedom of expression as guaranteed by the constitution of the country.” Arogundade advised that national assembly to convene a meeting with stakeholders to determine what could be regarded as hate speech. Speaking further he said, “Much as we do not welcome hate speech, we do not also welcome a law that would gag citizens and deny the public the right to know.”
The Nigerian Union of Journalists (NUJ) has also cautioned the Senate against approving the controversial Hate Speech bill. In a statement recently, the NUJ National Secretary, Shuaibu Leman, said while the union shared the concerns being expressed by the sponsor of the bill, it was pertinent to caution against prescribing capital punishment for hate speech, principally because it could be used indiscriminately against perceived political opponents by unscrupulous members of the political elite. “It is instructive to note that citizens are entitled to free speech even if they hold offensive and hurtful opinions. We also cannot forget that people have the right to be biased, even offensive in their speech even if journalism is different and we have to be aware of this. It is therefore our considered opinion that it is pertinent to avoid such pitfalls in our bid to come up with legislation to curtail the excesses of citizens,” Mr. Leman said.
Some lawyers, including Chief Sebastine Hon and Kayode Ajulo, expressed concerns over what they described as extreme punishment for offenders. Hon contended that capital punishment is excessive, highhanded and should not be tolerated. He observed that in line with the provisions of the penal and criminal codes of other countries, death penalty, as proposed by the National Assembly, should be opposed by all Nigerians. Citing examples, Hon said: “In Germany, the criminal code stipulates a maximum prison term of five years for offenders, while in Iceland; the maximum sentence is two years. In Netherlands, the Dutch criminal code, in section 137c and 137d stipulates a jail term of not more than one year, while in Canada, the punishments, depending on the category, range from six months to two years and then, five years. “In England and Wales, the Public Order Act, 1986, as amended several times by the Criminal Justice and Public Order Act of 1994, the Racial and Religious Hatred Act of 2006 and the Criminal Justice and Immigration Act of 2008, stipulate a punishment not exceeding seven years.”
While advising the suspension of the Bill or refusal by the President to assent to it, Hon stressed that since power is transient, “anything which could compromise freedom of speech and other forms of constitutionally guaranteed freedoms must be vigorously avoided and or resisted.”
In his response, constitutional lawyer and former Secretary, Labour Party, Ajulo, said: “The term ‘freedom of expression’ is sometimes used interchangeably, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. The 1999 Constitution, as amended, enshrines this right in its Section 39(1), which provides that every person shall be entitled to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without interference. Article 19 of the Universal Declaration of Human Rights, adopted in 1948 by Nigeria, provides that everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Perhaps, President Buhari and the sponsor of the said bill should be reminded that this is not a ‘military era’ where Nigerians cannot freely express themselves or say things they are not comfortable with about the government of the day. We are not in a military regime where The Supreme Military Council just sit down and dish out decrees to shut the people up and prevent them from expressing their rights to freedom of speech. It is in the light of this that we ask that bill be thrown out of the National Assembly. There are more pressing issues and problems which the Senate should focus on and enact laws to address, and not this so-called hate speech. The lawmakers were elected to represent the interest of the Nigerian people and not to be enacting laws that will hurt the people or prevent them from expressing their fundamental human rights.
Zik Gbemre, JP.