A bill that seeks death penalty and the establishment of an agency to check hate speech, has sparked varied assortments of condemnations from Nigerians with some describing it as draconian
The National Commission for the Prohibition of Hate Speeches (Estb., etc) Bill 2019, is a bill seeking death by hanging for anyone found guilty of any form of hate speech that results in the death of another person.
Under the proposed law, offenders are also either liable to 10 years jail term or payment of N10m fine.
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 sponsored by , Sabi Abdullahi, a former Senate spokesperson, who is now the deputy Senate Whip, had suffered a setback for some unknown reasons.
But in a new development, the bill was on Tuesday, November 12, read for the first time at the senate.
It stated 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,” it added.
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.
“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.
In a swift reaction, Mr Raphael Adebayo, convener, Free Nigeria Movement, said his organisation would mobilise Nigerians to resist the proposed anti-hate speech bill.
The activist described the planned anti-hate speech commission as an attempt to muzzle Nigerians and deprive the citizens of their rights.
Adedayo admonished Nigerians to rise up and oppose the bill, which he said was designed to take way the people’s liberty and constitutional rights, adding that the nation could not allow the National Assembly to pass “this tyrannical legislation.”
Also, former Vice-President, Atiku Abubakar, on Tuesday said the bill was an abuse of the legislative process, adding that it would violate Nigerians’ constitutionally guaranteed right to freedom of speech.
He said in a statement by his Media Adviser, Mr. Paul Ibe, that it was prudent to build upon the tolerance inherited from those years and not shrink the democratic space to satisfy personal and group interests.
He said, “Atiku wishes to sound a note of caution to those now toying with the idea of an anti-hate Speech Bill, with punishment for supposed hate speech to be death by hanging. The contemplation of such laws is in itself not just hate speech, but an abuse of the legislative process that will violate Nigerians’ constitutionally guaranteed right to Freedom of Speech.
The Nigerian Bar Association (NBA) said that the newly introduced bill could not be justified in a democracy.
The association, in a statement sent to The PUNCH by its National Publicity Secretary, Mr. Kunle Edun, on Tuesday, cautioned the Senate to “tread carefully” with the bill.
It also reminded the Senate that section 39(3) of the Constitution had made it mandatory that no law could abrogate the rights of Nigerians to exercise their right to freedom of speech.
It stated, “We therefore, strongly advise that the Senate should tread carefully on this bill.
“Section 39(3) of the Constitution makes it mandatory that no law can abrogate the rights of Nigerians to exercise their right to freedom of speech except if such law can be reasonably justified in a democratic society. “Can a Hate Bill be reasonably justified in a democratic society?”
The NBA said with the nation already grappling with wanton arrest and prosecution of citizens from treasonable felony after expressing their opinions, there might not be any guarantee that the bill when signed into law would not be used to harass those exercising their right to free speech.
It noted that while the right to freedom of expression was not absolute, there were enough laws in Nigeria to tackle the excesses, implying that there was no need for the proposed law.
Also, Chief Ifedayo Adedipe, Senior Advocate of Nigeria, condemned the bill and called on Nigerians to resist it. The SAN described the bill as an extension of rights abuses under the All Progressives Congress government.