Death Penalty For Hate Speech Draconian TheNigerialawyer

Mike Ozekhome (SAN) has knocked National Assembly over attempt
to pass a bill said to contain prescription of the death penalty
for makers of hate speech.

He said the bill is an ill-intentioned, ill-conceived,
ill-digested and ill-part, dictatorial and absolutist piece of
nonsensical legislation waiting to consume all of us
“An obnoxious law such as this will further drive underground and
into hiding, the opposition and genuine social critics who speak
truth to power and criticise serial opaque, anti-people, corrupt
and high-handed polices of government.

“This government has been tested and known to be very allergic
to constructive criticisms. Its skin is very negatively thin
against criticisms as regards citizens’ genuine concerns.It is a
government that listens to itself,, sets its own examination
questions, marks them by itself and award marks to itself.
Citizens’ opinion does not matter”, he said.

Ozekhome questioning the rationale behind the move to pass the
bill asked following questions: “What is hate speech, by the way,
and who defines it? What is the true test of determining it? Is the
test of a government in power? Or that of the traumatised people?
Or, that of the NASS? Or that of the courts? Or, that of the
Executive? Just who? I have not yet had the opportunity to read the
bill and so do not yet have the details of this unusual bill that
has allegedly passed the first reading, seeking the death penalty
(by hanging) on alleged hate speech”
He urged that the bill should be deleted, saying: “I pray this
provision is not true. I pray it is a mere moonlight tale, the type
described as a “tale told by an idiot, full of sound and fury,
signifying nothing.

“The bill should immediately be aborted and killed as a
malformed embryo at its second reading gestation stage before it is
allowed to be delivered as a societal monster”, he added.
Ozekhome alleged that government couldn’t be trusted by any sane
person to fairly operate such a draconian piece of legislation
introduced under a law that carries the death penalty for alleged
hate speech. When has merely making a speech under Section 39 of
the 1999 Constitution,which guarantees freedom of expression
becomes not just treasonable felony (life imprisonment) ,but
treason itself, that is punishable with death?

“Article 19 of the Universal Declaration of Human Rights
guarantees freedom to hold opinions without interference and to
seek,,recieve and impart information and ideas through any media
and regardless of frontiers”.

Rights activist and lawyer, Kunle Adegoke said the penalty is
definitely in excess of the gravity of the offence.

He noted that while hate speech is condemnable in all its
purport and essence, recommending death sentence for hate speech is
too grave a punishment.

“A term of imprisonment, giving the opportunity to the offender
to learn and be reformed, is sufficiently condign. In this age when
the rest of the world is reducing the number of offences punishable
by death, Nigeria will he off the mark to be prescribing death
sentence for an offence sufficiently punishable by a less
prescription”, Adegoke stated.

A Lagos based lawyer, Ige Asimudara, in his own reaction stated:
“These are terrible legislators! How can a legislator propose the
death penalty for hate speech? This is the beginning of the death
of press freedom. It is intended to gag free speech. Who defines a
hate speech? It is a bill that must not see the light of the day.
It is unconstitutional to attempt to limit the freedom of
expression and the press granted by the Constitution by an
unpopular bill”.

According to him, government is too intolerant of criticism. He
held that Nigeria’s politicians were just a terrible set of people.
“We have not had this bill passed, you see what they are doing to
Yele Sowore, Agba Jalingo or Adeyanju. See their atrocities
everywhere”, he said.

Former chairman of the Nigerian Bar Association (NBA), Ikeja
branch, Dave Ajetumibi, said the penalty was too harsh, but
supported any law to check reckless use of social media.
” I support any law to check the reckless use of social media to
create chaos and hate. We need such law. I read that Sowore met
Kanu in New York and they agreed to liberate Nigeria, meanwhile
Sowore is still in detention in Nigeria”, he said.