Kukah, Olanipeku, Ex-Defence Chief, Ogomudia, Shehu Sani Kick As Sponsors Insist On Hate Speech Bill

Sokoto (Precise Post) – Sokoto Catholic Diocese Bishop Matthew Hassan Kukah, former Nigerian Bar Association National President Wole Olanipekun (SAN), ex-Chief of Defence Staff, Gen. Alexander Ogomudia and the senator who represented Kaduna Central in the Eighth National Assembly, Shehu Sani, have urged Nigerians to resist the Social Media and Hate Speech Bills.

They noted that such Bills would stifle information flow, gag the media and cause disharmony among Nigerians.

The eminent Nigerians spoke at different fora in different parts of the country.

Kukah said the proposed Social Media Bill will stifle legitimate dissent and free speech.

He urged Nigerians to resist it.

The cleric expressed worry that “the ultimate goal of this Bill is not to punish those who offend but those who offend the government, and if the government gets away with it (Social Media Bill), we have no idea what else will be on the table. Only a robust debate can cure the claims of cynicism”.

In a statement in Sokoto at the weekend by the Catholic News Service of Nigeria, Kukah described Nigeria’s leaders as “largely strangers to the ethos of and what is” a democratic society.

The Bishop, who is also the Episcopal Chair for the Commission, Mission and Dialogue, added: “Nigeria is still very far away from the goalposts of what could be called a democratic society. In my view, the environment does not as yet look anything democratic because the actors are largely strangers to the ethos of, and what is more, too many of them are tied to the old order, not to talk of the fact that the presence of General-presidents suggest that we are still in the thrall of militarism.”

He noted that “as the Social Media Bill makes its way through the legislature, many Nigerians have expressed fears that the government wants to use the new law by being the judge, jury and executioner over what it would label as fake news”.

According to him, Nigeria is following in the steps of other countries, as it is set to enact a law that will see Internet users slapped with huge fines or lengthy jail terms for spreading what the government considers fake news.

The cleric noted that democracy has its fine attributes that make the system appealing.

Kukah said: “Democracy thrives on debate, consensus building, negotiation, persuasion, argumentation, the rule of law, process and inclusion, while on the other track, military thrives in a coup culture, secrecy, betrayal, violence, command structure, exclusion and lack of transparency.”

The cleric noted that despite the dangers inherent in the social media, the government’s current move to regulate it through the Bill would be counter-productive.

“To be sure, there is no one, including myself, who is not aware of the dangers posed by social media. We have all been victims. However, should the government wish to address this matter legally and openly, why should they be afraid of public debate? It is desirable that we address social media by way of education, open debate and transfer of knowledge.

“When did social media become sinister in the eyes of the government? Is it after the same government used it that they now realise it was good for them then but bad for the rest of us now?”

Olanipekun advised the National Assembly to withdraw the Hate Speech Bills in the best interest of the country.

The ex-NBA president advised the Senate to focus attention on legislations that would address poverty, insecurity, deplorable state of infrastructure and unemployment rather than bother about laws that infringe on Nigerians’ inalienable constitutional rights.

Olanipekun spoke at the weekend in Ikere-Ekiti, the headquarters of Ikere Local Government Area of Ekiti State, during 23rd Wole Olanipekun annual scholarship awards for over 1,000 indigent but brilliant students.

The former Pro-Chancellor of the University of Ibadan (UI) expressed dismay that such “obnoxious Bill” could emanate from the National Assembly.

He warned that if passed and assented to by the President, the Bill will generate bad blood and cause disunity among Nigerians.

The Bill, sponsored by the Deputy Chief Whip Aliyu Abdullahi, has passed the first reading at the Senate.

It prescribes death penalty for anyone found guilty of spreading falsehood that leads to the death of another person.

Olanipekun said the contents of the controversial Bill contradict Section 39 of the 1999 Constitution (as amended) that guarantees the right to freedom of speech, as enshrined in the Universal Declaration of Human Rights.

“I am happy to note that it is not an Executive Bill. You know you can have an Executive Bill, Members’ Bill or Private Bill. This Bill is being initiated from or by the National Assembly. I am happy because the Bill didn’t originate from the Presidency.

“I think we are mixing a lot of things up. People commenting that President Muhammadu Buhari wants to gag the press, I do not agree with them, because the Bill did not come from the Presidency. But it is unfortunate that it is coming from the National Assembly.

“Let me advise the National Assembly to be more productive. Let us stop chasing vanity and things that are counter-productive.

“To me as a lawyer, as an elder, this Bill will be counter-productive. It will bring disunity, even among family members. We should not bring unity. Wife and husband disagree; if such happens, will you report your spouse for hate speech?

“My little knowledge of law will not open my eyes to the definition of hate speech. In the law of defamation, we have libel and slander and vulgar abuse. And they would tell you vulgar abuse is not actionable. We are all human beings; we all have emotions. Everyman has his own lull moments.

“Let us caution ourselves in this country. My fear is that those who make the law might become victims of such law. They should respect the sanctity of human life.

“Nigeria is not in a stone age. We have laws that have taken care of all offences in Nigeria. No review, no amendment will make it acceptable. But they should withdraw it outright. We will forgive them if they show that they erred.”

Senator Shehu Sani advised the Ninth National Assembly to throw out the Social Media and the Hate Speech Bills.

Sani, who also spoke at the weekend in Kaduna during House of Justice Summit and Banquet, noted that traces of tyranny were showing in Nigeria.

The senator said the two Bills were not only inimical and dangerous but subversive to democracy.

He warned the government to tread with caution and allow Nigerians to enjoy their right to freedom of expression.

Sani said: “This programme has provided us a platform to discuss on issues of governance, democracy and rule of law and vigilance in defence of our freedom. We need platforms to continue to destroy the blocks of tyranny building up in Nigeria.

“These days, people in government are becoming intolerant to criticism, and there is an attempt to silence people from questioning power. And that is dangerous.

“When people are in power, it is always good to remind themselves that power is transient. If you deny people the right to express their opinions and hold government to account, you should understand that by the time you are out of power, that will be your only protection and guarantee.

“So, my call to the National Assembly is to throw away the Social Media Bill and the Hate Speech Bill. The two Bills are inimical and dangerous to democracy…”

Ogomudia said Nigerians may need “strategic studies” to understand the Hate Speech Bill.

The ex-Chief of Defence Staff bared his mind on the Bill while presenting a keynote address at the weekend at the 2019 Justice Development and Peace Commission (JDPC) programme organised by the Catholic Diocese of Warri in Delta State.

JDPC, according to its organisers seeks to deliberate and proffer solutions to challenges of “good governance” in Nigeria.

Speaking on the topic, titled: Restructuring and the Basis of Federalism and Emergency of a New Nigeria, faulted the initial death penalty proposed for offenders of the Bill.

“…Perhaps, like someone said, strategic studies are a matter of perception. Is there anyone who can give me the definition of hate speech? Well, that is strategic studies for you. I, myself, cannot define it.

“So, if that sort of thing is going to be punishable by death, then you can imagine the structure that people need to put in place.”

Nigerian chapter of International Press Institute (IPI) has opposed the death penalty attached to the Bills.

In a statement yesterday by Kabiru Yusuf (Chairman), Mallam Wada Maida (Member, Executive Board) and Raheem Adedoyin (Secretary), IPI said it also opposed the peddling of falsehood through any medium.

It said the institute “firmly understands the implications of any law with contentious provisions for free speech, press freedom, media independence, safety of journalism practitioners and the unhindered operations of media businesses”.

The statement added: “We wish to make it known that IPI does not in any way support the peddling of Hate Speech, Fake News and deliberate misinformation through any social or conventional media platform.

“We are aware that all of the aforementioned are usually the preserve of quacks and non-professionals who have no regard for the implications that such acts would have for our polity and for national peace and security.

“But we are decidedly opposed to laws with prescription of capital punishment and any other stiff and dehumanising penalties for such abuse of the media space.

“As responsible leaders of journalism, we appeal to all real stakeholders to go beyond the open condemnations by seizing the opportunity that would be presented at the impending public hearing to vigorously push for desired amendments or changes to any such Bill prior to its likely passage or rejection by the legislature.

“We also sincerely suggest that members of the National Assembly should patriotically explore the alternatives of either re-examining the provisions of the Cyber Crime Act (2015) to accommodate current realities or advocating the applications, when necessary, of its provisions to check any negative use of social media.”

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