Given the extant political dispensation in Nigeria whereby the ruling political order pays mere lip service to the rule of law (which ideally involves a process that yields court orders from the judicial branch and enforcement of court orders by the executive branch, whether or not such orders are palatable to the incumbent president or incumbent governor), what then are the chances that if a so-called hate-speech bill is enacted into law, this Executive branch of government that now exists in Nigeria will enforce it in the context of the checks and balances inherent in the doctrine and practice of the rule of law? For instance, given what we know about the proclivities of this executive branch, if the president (that is, the prosecuting arm of government) indicts and tries a person for violating that law, but the trial leads to acquittal, would the current government respect that outcome? If the accused is not acquitted, and the accused decides to appeal the judgement of the lower court and wins the appeal, would the current executive branch in Nigeria respect that appeal court outcome and set the person free, given its track record of ignoring court orders for the release or bail of accused citizens? Are you not aware of several pending cases of individuals who are still in executive branch detention despite repeated judicial branch court orders for their bail? Did you not read the recent news story that incumbent president has disobeyed 40 court orders issued by the judicial branch during his ongoing administration? How many more does this president need to disobey before he over-qualifies for impeachment? But, given that what exists now in Nigeria is an ineffable, compliant and docile legislative branch which has failed to or refused to live up to its constitutional mandate of over-sight over the executive branch, who would promulgate the impeachment?
Can't you discern that what we now have in Nigeria—that is, the political reality on the ground, as opposed to what a given law prescribes or what the constitution relevantly stipulates--is almost one whereby the President has turned himself into the judge and jury, the judiciary and the legislature on specific matters concerning the liberty or rights of certain citizens? Are we running a unitary or a federal system of governance? Is Nigeria not drifting towards a broad daylight dictatorship with an ineffable, compliant and docile legislative branch and a judiciary whose judgements have, in specific cases, become mere laughing stocks to the executive branch? What more do you need to see? Why does this executive branch deserve to be bestowed with yet another legislative authority when it has demonstrated that what matters at the end of the day is the will of the President and that neither the law nor the judgement of a court can determine what the president decides to do in given situations or dissuade him from pursuing a course of action as dictated by his WILL? Or, are you waiting for the President to make a formal announcement that he is now the absolute ruler of Nigeria who is accountable only to himself? Can't you read the tea leaves?
--I dont think most people question the desirability of a hate speech bill per se ( few countries need it more than Nigeria.)
The main issue is the draconian capital punishment attached to it.
OAA
Sent from my Samsung Galaxy smartphone.
-------- Original message --------From: 'Julius Eto' via USA Africa Dialogue Series <usaafricadialogue@googlegroups.com>Date: 04/12/2019 01:01 (GMT+00:00)Subject: Re: USA Africa Dialogue Series - ON HATE SPEECH BILL.
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And you believe this, Anthony Akinola?
--On Tuesday, December 3, 2019, 9:49:19 PM GMT+1, Anthony Akinola <anthony.a.akinola@gmail.com> wrote:
--Hate Speech bill impressive –US
Published December 3, 2019KINDLY SHARE THIS STORYDeputy Chief Whip of the Senate, Senator Aliyu Sabi Abdullahi; with Political Officer at the Embassy of the United States of America, Jerry Howard, during a meeting with the Senator on the Hate Speech bill at the National Assembly on Tuesday
- Says media reports on legislation misleading, hysterical
- Says bill will address discrimination, hostility in Nigeria
- Wants NASS to engage NGOs, CSOs
Political Officer of the Embassy of the United States of America, Jerry Howard, on Tuesday, reportedly described the Hate Speech Bill before the National Assembly as an "impressive" piece of legislation needed to address issues of discrimination, hostility and violence in Nigeria.
According to a statement released by the Media Office of Senator Aliyu Sabi Abdullahi, and signed by Oluyinka Akintunde, Howard stated this on Tuesday during a meeting with the Deputy Chief Whip of the Senate and sponsor of the Hate Speech bill, Senator Aliyu Sabi Abdullahi, at the National Assembly, Abuja.
According to the United States Embassy official, the visit was intended to engage Sabi Abdullahi and to seek an understanding of the proposed legislation under consideration by the Senate.
Following explanations by Senator Abdullahi on the bill, Mr. Howard described the response of the media as "misleading" and "hysterical," compared to what it actually seeks to achieve.
He, therefore, advised the sponsor of the bill to engage and educate non-governmental organisations and civil society organisations in the country on its proposed contents so as to muster support for it.
Speaking on the decision of the US Embassy to engage the National Assembly on the Hate Speech bill, Howard said, "We want Nigeria to succeed and we think a prerequisite for Nigeria's success is successful democracy.
"For democracy to succeed, the people must have a house, the people must have a place where their representatives can argue and complain, come up with new ideas and come up with solutions to guide the executive branch and lead the country forward."
He commended the lawmaker for the level of work and research carried out on the bill.
"I'm very impressed with the research you've done on the bill. The media has had a field day with this, really.
"You've thought it through. I was depending on the media for my education, and it was very misleading. You've done your research and it is very interesting.
"But you have a difficult job selling this to the NGOs, CSOs. You need to talk to them. You'll need to talk to civil society organisations, you need to educate them.
"You've educated me," Howard said after Senator Abdullahi explained the contents of the bill to him.
Earlier, speaking on why he decided to introduce the bill, the lawmaker said, "Part of the reasons why violence takes place is attributable to discriminatory practices.
"It is discrimination that creates the socio-political imbalance that you see leading to a group feeling shortchanged and marginalised.
"Discrimination is also another very serious matter why I sponsored the bill. This bill basically is about preventing discrimination, and prohibiting people who incite violence," he explained.
Abdullahi further stated that the bill's introduction by the National Assembly has the backing of Section 45 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The Section states: "Nothing in Sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society; in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom or other persons."
On measures in place to ensure that the bill is not abused by politicians, Senator Abdullahi explained that "an Independent Commission shall be constituted and whose membership will be restricted to persons without any history of promoting ethnic or religious causes, or anyone with political affiliations."
He added that the passage of the Bill by the National Assembly into law will address all forms of discrimination, hostility and violence which are on the rise in the country.
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