…. as Babangida, Tambuwal, Osoba decry moves to gag free speech
It might be uhuru at last for proponents of free speech as plots to push the hate speech bill in the red chambers appears to be wobbling.
Senate President Ahmed Ibrahim Lawan was today presented with a court judgement to safeguard the Senate from falling into an error with regards to barring free speech in Nigeria.
The November 28, 2019 letter drew the Senate’s attention to a judgement of the Community Court of Justice of the Economic Community of West African States (ECOWAS) which had debarred Nigeria’s government from criminalising free speech in whatever guise.
Delivered by Mackay Chambers and Associates, part of the letter reads: “We hereby inform you that, the exercise in pursuing this Hate Speeches Establishment Bill 2019 is one in futility and therefore, the taxpayers money should not be plunged into it, in view, of the Judgment of the ECOWAS Court which has been termed by the global community as a landmark Judgment, a trailblazer for the global freedom of expression.”
The judgement was the culmination of the arbitration in a case instituted by Festus Ogwuche and Anor v. the Federal Republic of Nigeria.
A part of the certified true copy of the judgement reads:
“That on Tuesday the 11th day of December 2018 in Suit no; ecw/ccj/app/ 10/15; judgment no; ecw ccj jud 31/18, quashed and forbids the Federal Republic of Nigeria from criminalizing free speech in whatever form, colour or clothing and barred her from free speech or press censorships enshrined and guaranteed under Article XIX of the African Charter on Human and Peoples’ Rights, and the ECOWAS protocol on Democracy and Good Governance.”
The judgement states that all these are covenants from the Universal Declaration of Human Rights to which Nigerians enjoy its full declaration
The letter further stated that the hate speech bill runs contrary to section 22 and 39 of the Nigerian Constitution and other international convention to which Nigeria is a signatory.
The letter also disclosed that: “The Hate Speeches Establishment Bill 2019 is contrary to Section 22 and 39 of the 1999 Nigeria Constitution as amended which guarantees freedom of expression. It needs no saying that, any Law or Act that is or are contrary to the grand norm of the Constitution is null and void.”
Meanwhile, former military President, General Ibrahim Badamasi Babangida (rtd) has said that there is no basis for the Hate Speech Bill before the National Assembly, insisting that no one can muzzle the voice of Nigerians.
General Babangida spoke at his Minna hilltop residence when he received the National President of the Nigerian Union of Journalists (NUJ), Chief Christopher Isiguzo who was there on courtesy call.
A similar bill he revealed was presented before the Eighth National Assembly but that he advised against it saying: “I am surprised that this bill has resurfaced”.
“There is no basis for this now; we are developing and we should be allowed to develop; if we make mistakes people can be cautioned. If somebody goes off, you have the right to call him to say ‘no we don’t want this.”
He remarked that “unless people are able to express themselves that the government or those in authority will know what is happening in the country”
The former military president who said the only reason for the bill is that the sponsors want to show “eye- service as we call it in the army,” described the death penalty prescribed in the bill as “crude.”
“If somebody makes hate speech, and you put him in the gallows and shoot him, it is crude; it is not in the 21st Century. It could have happened may be some 300 years ago but not now.”
Babangida told his visitor that he will join the NUJ and other stakeholders in protesting against the passage of the bill saying, “I am with you on this. I will also talk to those of us who could be in position to bring sanity to some of these things”.
The former military president said he had been following media publications on the forth coming elections in the United States of America, adding that “if we had their type of media, I think they should be jailing you all by now.”
He credited himself with opening up the media space in the country even when some of his colleagues opposed his policy, “but today the country is better for it.”
Babangida challenged the media in the country to remain “strongly focused on what Nigeria wants, “ adding that we can only succeed if we allow this freedom unfettered without death threat or N10m it sounds silly”
Earlier the proposed Hate Speech and Anti-social Media bills came under heavy attack and condemnation at the 15th All Nigeria Editors Conference (ANEC) in Sokoto.
Leading the pack, host Governor, Rt. Hon. Aminu Tambuwal of Sokoto State, warned that omnious clouds are gathering over the country, and that Nigeria cannot continue to run democracy like a military dictatorship. According to Tambuwal, “Hate speech and Social Media bills have no place in a constitutional democracy.
Likewise, Osoba offered to lead the Guild, even as a chieftain of the ruling All Progressives Congress (APC), to lobby the senators, to ensure that the bills do not pass through.
Acting President of NGE, Mr. Mustapha Isa in his welcome address, reminded those behind the bills that there are already enough laws in the country to check the infractions which the proposed bills seek to address. Isa restated the the Guild does not, and will not, support the proposed bills, as they are tantamount to gagging the media
