Hate Speech Bill Suffers Defeat As Senate Receives ECOWAS Court Judgement Criminalizing Bill

* AGF silence misleading, urges Lawan to halt all
deliberation on the controversial bill

Efforts to sell the hate speech bill to Nigerians suffered a
setback as an activist delivered a court judgement to President of
the Senate, Ahmad Lawan, to guide the Senate from the further
attempt to gag free speech in Nigeria.

The letter dated November 28, 2019, drew the attention of the
Senate to the judgement of the Community Court of Justice of the
Economic Community of West African States (ECOWAS) forbidding
Nigerian government from criminalising free speech in whatever
guise.

The letter was delivered by Mackay Chambers and Associates and
reads in part: “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 vs the Federal Republic of
Nigeria.

The certified true copy of the judgement sighted by
Tribune,^[1] not
Nairalaw reads in part: 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.

According to the letter: “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.

“The National Assembly under the leadership of our Distinguished
Senator, Ahmed Lawan, haven chosen this ignoble road of willfully
subjecting and making our Nigeria a laughing stock in the comity of
nations beats our imaginations.

“There is the availability of sufficient Laws on offensive
spoken words and actions with great and effectual remedies in our
laws. It’s wrongful to attempt criminalizing freedom of expression
for the traumatized citizens of
Nigeria.

“It is absurd for Nigeria in the comity of nations on earth to
be heard singing these ignoble songs rather than creating the
conducive environment for freedom of Speech and enterprises for her
rapidly growing populations.

“In View of this Judgment, the National Assembly of Nigeria is,
therefore, acting contrary to the core terms of the Judgment in
terms of the citizens’ rights; it protects, to embark on the
facilitation of the Hate Speeches Establishment Bill 2019.

“This Judgment clearly forbids the Federal Republic of Nigeria
sued in this case as the Defendant from further violating Nigerians
citizens’ rights to freedom of speech being a matter that was
initiated within the public interest advocacy mechanism.

“It would not be seen that Nigeria as an entity would have her
legislature act in defiance of her international obligations freely
entered into and in the face of a valid subsisting Court
Judgement.

“Freedom of speech being an entrenched Fundamental Human Rights
provided for in the Nigerian Constitution and this Right is fully
preserved by the Judgment of the Regional Court afore said. It is
completely out of the way for the Nigeria legislature to attempt to
facilitate the enactment of any law that infringes the rights
protected by the said Judgment of the Regional Court.”

Speaking further on the matter, Barrister Daniel Makolo said the
silence of the Attorney General of the Federation was misleading to
the National Assembly in the face of the aforementioned judgement
of the Regional Court.

He urged Lawan to show the way of global best practices in line
With international obligations entered into freely by Nigeria in
halting immediately the ignoble debate, inclusive of all processes
on the Hate Speeches Establishment Bill 2019 in the public and
national security interest of Nigeria, her friends in the
International communities and her noble citizens.