Law & JusticePoliticsPress * MediaThe Fifth Move APC-led Legislature Takes to Monopolize Freedom of Expression

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ABUJA — The common definition of democracy is that it is the government of the people, by the people, and for the people. However, the ruling All Progressive Congress (APC) led government has been strongly criticized since it took over the affairs of the country for its approach to freedom of speech and expression in the country.

The criticism was because the ruling party-led legislature had read bills that were in one way or the other meant to suppress freedom of expression, human rights, and media.

On Tuesday, the House of Representatives presented for consideration a bill seeking to jail unlawful protesters in the country.

Considering the antecedent of how the APC government has been handling protest since its inception in 2015, there has always been a move to suppress dissenting voices which always come to protest, using the DSS and the military in some ways.

The bill which was titled, “An ACT to amend the Criminal Code Act, CAP 38, Laws of the Federation of Nigeria 2004 to further preserve the sanctity of human life and property, and to provide specifically for mob action, prescribe punishment and other matters” was sponsored by Emeka Chinedu Marting (PDP-Imo) and will be the fifth on the floor of the National Assembly.

The bill read in part, “When three or more persons, with intent to carry out some common purpose, assemble in such a manner or, being assembled, conduct themselves in such a manner as to cause persons in the neighborhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly.

“It is immaterial that the original assembling was lawful if, being assembled; they conduct themselves with a common purpose in such a manner as aforesaid.”

The bill further added that “An assembly of three or more persons who assemble for the purpose of protecting any house against persons threatening to break and enter the house in order to commit a felony or misdemeanor therein is not an unlawful assembly.

“When an unlawful assembly has begun to act in such a tumultuous manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

“When an unlawful assembly becomes violent as to commit unlawful acts against any person or property, the assembly is called a mob and their violent act is referred to as mob action. Any person who takes part in a riot is guilty of a felony and is liable to imprisonment for three years.“Any person who takes part in a mob action is guilty of a felony and is liable to imprisonment for five years.

“Any persons who assembled together as a mob to commit violent acts against any person or property are guilty of a felony and each of them is liable to imprisonment for life.”

The move to monopolize freedom of expression started in 2016 through bills to regulate social media.

In 2016, the Eight National Assembly under the leadership of Bukola Saraki tried to pass a bill that will regulate social media through the back door.

A Bill titled “Frivolous Petitions (Prohibition) Bill 2015″, was introduced in 2016, met a heated protest, and was struck out.

On March 26, 2019, President Muhammadu Buhari declined assent to the Digital Right Bill on the ground that it “covers too many technical subjects and fails to address any of them extensively.”

According to analysts, the Digital Rights Bill was supposed to be one that protected the fundamental rights of Nigerians on the Internet and ensured their safety and well-being.

On October 1, 2019, Buhari again threatened to take decisive action against the social media space in his independent speech. The President said, “Our attention is increasingly being focused on cyber-crimes and the abuse of technology through hate speech and other divisive material being propagated on social media. Whilst we uphold the constitutional rights of our people to freedom of expression and association, where the purported exercise of these rights infringes on the rights of other citizens or threatens to undermine our National Security, we will take firm and decisive action.”

On November 5, 2019, the Senate embarked on the first reading of a bill to regulate the online space. More so, there are two bills in the Nigerian Senate that will kill businesses, and suppress freedom of expression on the internet space if passed.

One is the reintroduction of the Hate Speech Bill and the other is dubbed the Social Media Bill.

In addition, the Hate Speech Bill has two versions in the Nigeria House of Assembly. One version is in the Nigerian Senate while the other in the House of Representatives.

In the House of Representatives, the Bill was first read on July 24, 2019, by Mohammed Tahir Monguno, representing Monguno/Marte/Nganzai Federal Constituency of Borno State. Monguno sponsored the “Hate Speech Prohibition Bill 2019” in the Green Chamber.

In the Senate, the current Hate Speech Bill, originally called the National Commission for the Prohibition of Hate Speeches (est. etc.) Bill 2019, was first read on November 11, sponsored by Sabi Abdullahi, the Deputy Chief Whip of the Senate, representing Niger North Senatorial District.

The bill clearly stated that anyone found guilty of hate speech is liable to life imprisonment and if it leads to the death of another, the guilty party should be sentenced to death by hanging.

Following criticism that confronted the Hate Speech Bill on its arrival, its sponsor removed the death penalty attached to it.

In October 2020, Buhari, through his Minister, Lai Mohammed, when he appeared before the House of Representatives Committee on Information and National Orientation to defend the 2021 budget proposal, solicited the support of the National Assembly, in formulating a national policy on the use of social media to control fake news and misinformation.

“If you go to China, you cannot get Google, Facebook or Instagram but you can only use your email because they have made sure that it is regulated,” Mohammed quoted.

According to data published by The Global Economy in 2020, Human Rights and the Rule of Law in China is ranked poorer than Nigeria. China is ranked 9.30, Nigeria is ranked 8.40. Also, China is a developed country while Nigeria is a developing country with a poor unemployment rate. In addition, there has been a standing trade war between China and the United States, Facebook, Google, Instagram are owned by Americans.

 

Bada Yusuf Amoo (Correspondent)

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