Reactions have continued to trail the Senate newly proposed bill
prescribing death by hanging for any person found guilty of any
form of hate speech that results in the death of another
person.
A Constitutional Lawyer and Senior Advocate of Chief Sebastine
Hon, SAN who kicked against the bill noted that hate speech in
advanced criminal jurisdictions has been used effectively to check
anti- government speeches and to launch a reign of terror on
opposition or dissenting voices.
Citing the provisions of the Penal and Criminal Codes of other
countries, the Senior Lawyer described the proposed bill as
extremely harsh and high-handed.
While calling on Nigerians to reject the bill, Hon urged members
of the green chambers to exercise caution stressing that the
proposed bill is excessive and should not be tolerated.
He called on members of the 8th Assembly to take a look at the
Penal and Criminal Codes of other countries saying, “In Germany,
the Strafgestzbuch (Germany’s Criminal Code) stipulates a maximum
prison term of 5 years for offenders, while in Iceland, the maximum
sentence is 2 years.
“In Netherlands, the Dutch Criminal Code, in section 137c and
137d stipulates a jail term of not more than one year, while in
Canada, the punishments, depending on the category, range from 6
months to 2 years and then 5 years.
In Bosnia, the maximum sentence is five years – as confirmed by
the European Court of Human Rights in the recent case of Smajic vs.
Bosnia and Herzegovina (2018) ECHR (Application No. 48657/16).
“In England and Wales, the Public Order Act, 1986, as amended
severally by the Criminal Justice and Public Order Act of 1994, the
Racial and Religious Hatred Act of 2006 and the Criminal Justice
and Immigration Act of 2008, has stipulated a punishment not
exceeding 7 years.
He added that the bill if allowed in Nigeria will present a
worst picture given the nature and manner politics are usually
played out in everything in Nigeria.
“hence apart from the punishment for hate speech being
excessive, I am hereby advocating suspension of the Bill or refusal
by the President to assent to it. Power is transient, hence
anything which could compromise freedom of speech and other forms
of constitutionally guaranteed freedoms must be vigorously avoided
and or resisted.
“I, therefore, call for either suspension of this Bill or a
reconsideration of the punishments named therein for offenders to a
maximum of 5 years’ imprisonment” he added.
Also, the Nigerian Union of Journalists (NUJ) has cautioned the
Senate against approving the controversial Hate Speech bill.
The NUJ in a statement by its National Secretary, Shuaibu Leman,
said while the union shared the concerns being expressed by the
sponsor of the bill, it was pertinent to caution against
prescribing capital punishment for hate speech, principally because
it could be used indiscriminately against perceived political
opponents by unscrupulous members of the political elite.
“It is instructive to note that citizens are entitled to free
speech even if they hold offensive and hurtful opinions. We also
cannot forget that people have the right to be biased, even
offensive in their speech even if journalism is different and we
have to be aware of this.
“It is therefore our considered opinion that it is pertinent to
avoid such pitfalls in our bid to come up with legislation to
curtail the excesses of citizens,” Mr. Leman said.
It could be recalled that the bill which has passed second
reading on the floor of the Red Chanbers prescribes a penalty of
death sentence for those who make hateful speech that results in
death of other citizens.
The bill, sponsored by the Senate spokesperson, Sabi Abdullahi
(Niger-APC), seeks the establishment of an Independent National
Commission for Hate Speeches.
The proposed commission would enforce hate speech laws across
the country, and ensure the “elimination” of hate speech, the bill
says.
For offences such as harassment on grounds of ethnicity or race,
the offender shall be sentenced to “not less than a five-year jail
term or a fine of not less than N10 million or both.”
The bill proposes that, “A person who uses, publishes, presents,
produces, plays, provides, distributes and/or directs the
performance of any material, written and/or visual, which is
threatening, abusive or insulting or involves the use of
threatening, abusive or insulting words or behaviour” commits an
offence.
Reactions have continued to trail the Senate newly proposed bill
prescribing death by hanging for any person found guilty of any
form of hate speech that results in the death of another
person.
A Constitutional Lawyer and Senior Advocate of Chief Sebastine
Hon, SAN who kicked against the bill noted that hate speech in
advanced criminal jurisdictions has been used effectively to check
anti- government speeches and to launch a reign of terror on
opposition or dissenting voices.
Citing the provisions of the Penal and Criminal Codes of other
countries, the Senior Lawyer described the proposed bill as
extremely harsh and high-handed.
While calling on Nigerians to reject the bill, Hon urged members
of the green chambers to exercise caution stressing that the
proposed bill is excessive and should not be tolerated.
He called on members of the 8th Assembly to take a look at the
Penal and Criminal Codes of other countries saying, “In Germany,
the Strafgestzbuch (Germany’s Criminal Code) stipulates a maximum
prison term of 5 years for offenders, while in Iceland, the maximum
sentence is 2 years.
“In Netherlands, the Dutch Criminal Code, in section 137c and
137d stipulates a jail term of not more than one year, while in
Canada, the punishments, depending on the category, range from 6
months to 2 years and then 5 years.
In Bosnia, the maximum sentence is five years – as confirmed by
the European Court of Human Rights in the recent case of Smajic vs.
Bosnia and Herzegovina (2018) ECHR (Application No. 48657/16).
“In England and Wales, the Public Order Act, 1986, as amended
severally by the Criminal Justice and Public Order Act of 1994, the
Racial and Religious Hatred Act of 2006 and the Criminal Justice
and Immigration Act of 2008, has stipulated a punishment not
exceeding 7 years.
He added that the bill if allowed in Nigeria will present a
worst picture given the nature and manner politics are usually
played out in everything in Nigeria.
“hence apart from the punishment for hate speech being
excessive, I am hereby advocating suspension of the Bill or refusal
by the President to assent to it. Power is transient, hence
anything which could compromise freedom of speech and other forms
of constitutionally guaranteed freedoms must be vigorously avoided
and or resisted.
“I, therefore, call for either suspension of this Bill or a
reconsideration of the punishments named therein for offenders to a
maximum of 5 years’ imprisonment” he added.
Also, the Nigerian Union of Journalists (NUJ) has cautioned the
Senate against approving the controversial Hate Speech bill.
The NUJ in a statement by its National Secretary, Shuaibu Leman,
said while the union shared the concerns being expressed by the
sponsor of the bill, it was pertinent to caution against
prescribing capital punishment for hate speech, principally because
it could be used indiscriminately against perceived political
opponents by unscrupulous members of the political elite.
“It is instructive to note that citizens are entitled to free
speech even if they hold offensive and hurtful opinions. We also
cannot forget that people have the right to be biased, even
offensive in their speech even if journalism is different and we
have to be aware of this.
“It is therefore our considered opinion that it is pertinent to
avoid such pitfalls in our bid to come up with legislation to
curtail the excesses of citizens,” Mr. Leman said.
It could be recalled that the bill which has passed second
reading on the floor of the Red Chanbers prescribes a penalty of
death sentence for those who make hateful speech that results in
death of other citizens.
The bill, sponsored by the Senate spokesperson, Sabi Abdullahi
(Niger-APC), seeks the establishment of an Independent National
Commission for Hate Speeches.
The proposed commission would enforce hate speech laws across
the country, and ensure the “elimination” of hate speech, the bill
says.
For offences such as harassment on grounds of ethnicity or race,
the offender shall be sentenced to “not less than a five-year jail
term or a fine of not less than N10 million or both.”
The bill proposes that, “A person who uses, publishes, presents,
produces, plays, provides, distributes and/or directs the
performance of any material, written and/or visual, which is
threatening, abusive or insulting or involves the use of
threatening, abusive or insulting words or behaviour” commits an
offence.
Read more https://nairalaw.com/san-nuj-kicks-against-senate-death-sentence-bill-for-hate-speech/