Nigeria government, headed by former military dictator, President Muhammadu Buhari, has been blasted for seeking to muzzle free speech with a “draconian” law that prescribes the death penalty for those who the government says spreads “hate speech’ in Social Media.
The bill, titled “National Commission for the Prohibition of Hate Speech (Estb., etc) Bill 2019, sponsored by senator Sabi Abdullahi, passed first reading on the floor of the Nigerian Senate on Tuesday.
It will establish establish a Federal Government agency to check hate speech in the country and envisages categories of offenders – with death by hanging as the maximum punishment.
But hours after the bill passed the first reading, Human rights groups, Nigerian Bar Association (NBA) and former Vice-President Atiku Abubakar, described the bill as unnecessary and draconian, labelling the move as death sentence for democracy in the country. They described the bill as draconian.
In the proposed law, offenders are either liable to 10 years jail term, payment of N10m fine or death by hanging.
An offender, according to the bill is, “a person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and or visual.
The bill says that such material must be capable of causing threat, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour.”
It stipulates that such individuals had committed an offence if they intended to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or persons from such an ethnic group in Nigeria.
“Any person who commits an offence under this section shall be liable to life imprisonment and where the act causes any loss of life, the person shall be punished with death by hanging”.
Ethnic hatred attracts 10-year jail term
Offenders liable to a 10-year jail term or that risk N10m fine are those who stir ethnic hatred by their speeches.
The bill states, “In this section (3), ethnic hatred means hatred against a group of persons from any ethical group indigenous to Nigeria.
“A person subjects another to harassment on the basis of ethnicity for the purposes of this section where on ethnic grounds, he justifiably engages in a conduct which has the purpose or effect of violating that other person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for the person subjected to the harassment.
“Conduct shall be regarded as having the effect specified in subsection (1) (a) or (b) of this section if, having regard to all circumstances, including in particular the perception of that person.
“A person who subjects another to harassment on the basis of ethnicity commits an offence and shall be liable on conviction to an imprisonment for a term not less than 10 years, or to a fine of not less than N10m, or to both.
The proposed law also criminalized ethnic hostility
“Any person who knowingly utters words to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to imprisonment for a term not less than five years, or to a fine of not less than N10m or to both.
“A person victimises another if in any circumstance relevant for the purpose of this Act, the person does any act that is injurious to the wellbeing and esteem of another person by treating the person to less favourably than, in those circumstances.”
The bill added that, where the offenders are a corporate organisation, every director, trustee and officer of that body corporate shall also be deemed to be guilty of the offence.
Trustees liable for corporate offence
“Where the body of persons is a firm, every partner of that firm shall also be deemed to be guilty of that offence.”
Reacting angrily to the bill, the Convener, Free Nigeria Movement, Mr Raphael Adebayo, said his organisation would mobilize Nigerians to resist the proposed anti-hate speech bill.
He said the proposed anti-hate speech commission as an attempt to muzzle Nigerians and deprive the citizens of their rights.
Adedayo called on Nigerians to rise up and oppose “this tyrannical legislation.”
Also, former Vice-President, Atiku Abubakar, who believes he won the 2019 presidential election, described the bill was an abuse of the legislative process.
A statement by his Media Adviser, Mr. Paul Ibe, said it would violate Nigerians’ constitutionally guaranteed right to freedom of speech.
Meanwhile, the NBA, a society of lawyers in the country, says the bill is not justifiable in a democratic society – NBA
In a statement on Tuesday, its National Publicity Secretary, Mr. Kunle Edun, cautioned the Senate to “tread carefully” with the bill, reminding the Re Chamber of section 39(3) of the Constitution, which says that no law could abrogate the rights of Nigerians to exercise their right to freedom of speech.
Amid the fear generated by this fascist bill, the Minority Leader of the Senate, Enyinnaya Abaribe, has asured that the Senate will not pass any law that could affect the rights of Nigerians.
Mr. Abaribe gave the assurance on Tuesday when coalition of civil society group paid him a courtesy visit to protest against the new bill.
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