Thursday, August 14, 2025

Re: USA Africa Dialogue Series - Criticism is not a crime - John Onyeukwu

Stockholm

Sweden

Peoples' Planet


14th August, 2025  


Dear John Onyeukwu,


I notice that you have neatly side-stepped any suggestion of you running for president in 2027, perhaps in tune with what the sages say about humility. At the same time it's good to note that you are putting some of your considerable talents at work for the grand idea known as Nigeria. In my view you could do a lot better as President, with your cabinet on board with your vision, and your overseeing your cabinet of national competence etc. keeping an eye on them so that none of them steps out of line, overseeing them, perish the thought that any of them would have the gumption to think or say," boss, it's so good that we're in this crime together" - their notion of "collective responsibility",  and I'm sure that you'd  also be keeping an eye on the independence of the judiciary , not a chance of any of them winding up in your back pocket, as happens in some of our not so democratic countries where the judiciary is usually in Mr. President's back pocket from which location they usually do Mr President's bidding and about their pious, upright public utterances, tell Mr. President, " Astagfirulah, boss, as you know, I was only kidding "


Of course we're on the same side, on the side of anti-corruption, progress, major investments in education, agriculture, science and technology, the end of impunity, the true beginnings of the rule of law, human rights, human dignity, the end of terrorism, and that's why when I think of some of the implications of all of the aforementioned , I'd like to qualify what I said about fully agreeing with the contents of your last two submissions. To begin with I'm sure that you'll agree, the idea that "you don't love Nigeria and you're being unpatriotic if you complain" is also putting to the test JFK's famous challenge perhaps especially posed to Nigeria's intelligentsia : "Ask not what your country can do for you--ask what you can do for your country."


 As a policy analyst the question for you is how does the ongoing, pernicious brain-drain from Nigeria measure up to that challenge? Where is the love ? As a pertinent example let's take  the exodus of over 6, 500 Nigerian medical doctors to the UK, in the period 2019 -2024 


(In  2003 there were only 68 ( sixty eight) doctors, 4 (four) dentists , and 1 ( one / a) psychiatrist ( Dr .Nahim) working in Sierra Leone, which then had a population of 5 (five) million souls


That same year ( 2003) there were over 23,000 medical doctors serving in Algeria….) 


It should be interesting to follow a nationalist such as Femi Fani-Kayode's deliberations on these matters….


The past twenty years or so, apart from periodic outbursts from Bishop Matthew Hassan Kukah I have not heard the same kind of hue and cry  - the same kind of public outcry coming from the pulpits of these famous, very influential three, each with a very large following   :


 Bishop David Oyedepo,  Pastor Enoch Adeboye, and Pastor William Folorunsho Kumuyi who at the forefront of any moral crusade against corruption, together with other prominent Nigerian fishers of men , would surely work wonders, have a huge impact. But I have only been listening to them sporadically, and perhaps they have been preaching against corruption when I wasn't listening, in addition to exhorting their flocks, " Seek first the kingdom of God !"


#Jerónimo Maya: "Bulerias" in Solera Flamenca



On Wednesday, 13 August 2025 at 21:20:56 UTC+2 John Onyeukwu wrote:

Chief Cornelius,

I have read your reflection on my op-ed with both appreciation and interest. Appreciation, because when ideas are engaged, they live beyond the page; interest, because your critique touches on the very fault lines I have long argued Nigeria must address.

Where I must respectfully differ is in your suggestion that my assertion that Nigerians are sometimes told "you don't love Nigeria if you complain", is exaggerated, a notion fit for Nollywood. I wish it were so. But in truth, I have heard those words, sometimes outright, sometimes implied, often enough to know they are real. They do not always come with handcuffs or jail cells, but they carry a weight of social intimidation, political hostility, and, in some cases, legal harassment. That too narrows the space for honest civic engagement.

I agree with you: Nigeria is not in the grip of totalitarianism. We have a measure of press freedom and space for dissent. But the presence of liberty in law does not mean liberty is fully secure in practice. Section 24 of the Cybercrime Act, with its vague and subjective language, remains open to abuse. The Daniel Ojukwu case is instructive, not as an echo of the tragic fate of Dele Giwa, but as a reminder that legal tools meant for genuine cybercrime can be turned against legitimate criticism.

You rightly note that criticism can, in certain contexts, become criminal, when it crosses into defamation, incitement, or threats. That is not my quarrel. My concern is with the use of "offense," "annoyance," or "ill will" as elastic categories to silence dissent. That is where regulation blurs into repression, and democracy begins to weaken.

On the need for a truly independent judiciary and a Nigerian Bar Association steadfast in defending the Rule of Law, we are in complete agreement. I would only add that the defense of liberty is not the duty of courts and lawyers alone. It is also the work of citizens who refuse to internalize the idea that dissent is disloyalty.

Patriotism is not about shielding those in power from scrutiny, it is about ensuring power serves the people. And if we wait until criticism is banned outright before defending it, we will find the defense far more difficult to mount. The time to insist that criticism is not a crime is while we still have the freedom to say so.

Respectfully,
John


On Wed, 13 Aug 2025 at 02:54, Cornelius Hamelberg <cornelius...@gmail.com> wrote:

Stockholm

Sweden 

People's Planet


12th, August, 2025


Once again it's Nigeria we're talking about - and if the late Yusuf Maitama Sule were with us today he would probably still be saying what he says here and we would probably be nodding our heads in agreement that so much has changed and like everywhere else, so much still remains the same. 


A good 208 (two-hundred-and-eight) years after the then (20) twenty-year-old Alexander Pope penned An Essay in Criticism, T.S. Eliot, one of his poetic descendants, wrote that Criticism is as inevitable as breathing, and approximately 106 ( one-hundred-and-six) years later, John Onyeukwu of Nigeria not attending to the literary but grieving about the sorry state of affairs in his Nigeria titled his protest essay "Criticism is not a crime" in which he appeals to the patriotic sentiments of his dear countrymen and women. In this too he has allies and comrades in arms such as Auwal Musa Rafsanjani and Professor Jibrin Ibrahim.


 There's nothing to disagree about contents or the tone apart from (not being there in Nigeria) the feeling that it's inexplicable and surely an exaggeration and probably only in fiction and in Nollywood that you could possibly hear the shuffering and shmiling say," You don't love Nigeria, if you complain


I'm sure that Dr Oohay would disagree about this terrible kind of ism being applied to Nigeria, will readily agree with the view that Nigeria is not anywhere near to or in danger of descending into totalitarianism 


For now, this much can be said : On the whole, there's a free press and there's freedom of speech in Nigeria .The amended law on cybercrime and the alleged, perverted interpretations of sections of the law used to detain investigative journalist Daniel Ojukwu are probably laws that will remain in the Nigeria Law Books/ Criminal Code waiting to be amended. Thankfully, Daniel Ojukwu 's case is nothing half as bad as the bad old days and what happened to Dele Giwa….


18 (eighteen) years later Wole Soyinka delivered  The Reith Lectures   


What's needed most of all is a truly independent judiciary, the integrity and unwavering commitment of the Nigerian Bar Association to, strictly speaking, The Rule of Law….


Ostensibly, passive resistance is not John Onyeukwu's modus operandi, and although I don't know how many disciples he has, I thank God that to date he doesn't strike me as the kind of patriotic, radical or revolutionary Nigerian who would be glad to promote or incite the violent overthrow of the incumbent government, chanting along with Mutabaruka, Any Which Way Freedom Must Come… because (a) For Nigeria, freedom, that old Negro Spiritual oh Freedom was attained way back, on the 1st of October 1960, and (b) Nigeria is a democracy, Asiwaju Bola Ahmed Adekunle Tinubu ( JAGABAN) Nigeria's current president won a landslide victory just two years ago and the people of Nigeria have the freedom to elect John Onyeukwu as their next president in 2028 if he's willing or courageous enough to take the bull by the horns knowing as he does the true-ism in the clear message of this little, albeit violent illustration which could be titled NEPA ( Never Expect Power Always)


 But back to reality, the fact is that sometimes, criticism can be a crime. Criminal criticism. There was the fatwa passed on Salman Rushdie's head and I don't remember exactly who  - it could have been V.S. Naipaul of course, who described it as "an extreme form of literary criticism". There are all kinds of historical antecedents to that sort of punishment  - John the Baptist's head being presented on a platter to Salome, a few years later the crucifixion of Jesus, Giordano Bruno burned at the stake in 1600, not to mention all the legal codes/babble that circumscribe a man's freedom to think and to express his thoughts without abruption - there's heresy, blasphemy, treason, libel, slander, and if indeed criticism is not a crime, then try this for size, as a matter of fact yesterday I was thinking about the latter ( libel & slander) when I read Femi Fani-Kayode's lampooning of our dear Yoruba sister which he kickstarted with "Kemi Badenoch, I noticed that a river of saliva was dripping out of the corner of your mouth when you were giving your 'Essex girl' interview to a British TV station."


You too can well imagine this kind of knee-jerk reaction, coming from the Diaspora likes of Lady Shakara, Kemi Badenoch herself, with a Na wah O disdainfully followed by "oh these Nigerians !"


In Saro Krio, Shakara is CHAKRA


https://www.youtube.com/watch?v=SS7RI06e5D0




On Monday, 11 August 2025 at 20:31:09 UTC+2 Dr. Oohay wrote:
The chronic or persistent problem (in any culture or country where corruption lives as a DAILY way life in both private and public domains) often lies NOT with the LETTERS of the law BUT the SPIRIT OF THE LAW. Perhaps, no law can cure a cultural disease. Yes, the end does not justify the end, BUT (perhaps) we can "justify" the means as long as we do so in a NON-Procrustean (or in a NON-Globalism mode). 

Oohay   

On Monday, August 11, 2025 at 11:16:16 AM CDT, John Onyeukwu <john.o...@gmail.com> wrote:


Criticism Is Not a Crime

Reclaiming the Right to Hold Power Accountable in Nigeria

John Onyeukwu

(Published in my Policy & Reform Column of Business am Newspaper on Monday August 11, 2025). Page 6 in the attached.

One of the earliest lessons we were taught in law school was that the law is not a tool for silence, but a shield for freedom. That government exists at the mercy of the people, not the other way around. But in today's Nigeria, this truth is being buried beneath a rising tide of deliberate gaslighting. Those who speak out against injustice, hardship, or official incompetence are no longer just dismissed they are branded as unpatriotic.

The self-evident truth is that there is nothing patriotic about silence in the face of suffering.

In recent years, a sinister narrative has taken root. Citizens who express dissent are accused of "talking Nigeria down." Social commentators are told they "hate the country." Protesters are called "saboteurs." Critics of bad policy are branded "enemies of progress." And worst of all, those who demand accountability are met with the ultimate insult: "You are not patriotic."

This distortion of patriotism is as dangerous as it is dishonest. It deliberately twists love for country into silence, and loyalty into servitude. But true patriotism is not blind obedience; it is fierce loyalty to the truth, even when the truth is uncomfortable.

We must ask: what is a patriot, if not someone who loves their country enough to want it to be better? Socrates, accused of corrupting the youth of Athens for asking too many questions, insisted that an unexamined life is not worth living. Likewise, an unexamined nation cannot grow. The citizen who refuses to speak up in the face of injustice is not preserving peace, they are enabling decay. In contrast, the citizen who dares to demand more of their leaders is enacting a higher form of loyalty, the kind that wants the country to rise, not stagnate in delusion.

Nowhere is this misuse of patriotism more visible than in the selective application of Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, as amended in 2024. Originally designed to combat genuine cyber threats, such as fraud, identity theft, and digital harassment, this provision has increasingly been used as a political weapon.

Section 24 criminalizes the sending of messages deemed "grossly offensive," "obscene," "lewd," "indecent," or causing "annoyance," "inconvenience," or "ill will." These terms remain alarmingly vague, even after the 2024 amendment, creating dangerous room for arbitrary interpretation.

In practice, this law has morphed into a convenient silencing tool for those in power. It is used not to address real cybercrime, but to suppress political criticism. From journalists to students, from whistleblowers to civic actors, many Nigerians have been arrested or detained for online comments that, by any democratic standard, should fall under protected speech.

Take the case of Daniel Ojukwu, a journalist with the Foundation for Investigative Journalism (FIJ), arrested in 2023 over a report on procurement irregularities. Charged under Section 24, he was detained for days without formal charges. These are not anomalies; they are examples of how the law has been distorted to punish dissent. This clashes directly with Section 39 of the 1999 Constitution, which guarantees freedom of expression, and it violates international standards such as Article 19 of the ICCPR and Article 9 of the ACHPR, as affirmed by the ECOWAS Court of Justice in SERAP v. Nigeria (ECW/CCJ/JUD/16/20). Yet despite that 2022 judgment, enforcement patterns on the ground remain unchanged.

The political consequence is the erosion of democratic space. When citizens begin to self-censor out of fear, when young people on social media hesitate to question authority, the very foundation of representative governance is at risk. A society that cannot tolerate dissent cannot evolve.

This is not just a legal or political issue; it is also an economic one. A government that punishes feedback cannot benefit from innovation. An economy that fears transparency cannot attract trust. Our development struggles are tied not just to global headwinds, but to a culture of suppression and selective listening. Leaders insulated from critique become blind to failure.

Let us not forget the role of fellow citizens who weaponize patriotism against their neighbors. These are those who defend poor governance with phrases like, "At least he's better than the last one," or "Give them time," or "You don't love Nigeria if you complain." But this is not civic maturity; it is a shallow understanding of democracy.

Patriotism does not mean keeping quiet while bad roads kill our loved ones, while inflation crushes families, or while politicians live in obscene luxury as the people suffer. It does not mean watching hospitals decay, young people lose hope, or security fail while clapping for leaders based on party or tribe.

To speak out is to believe that Nigeria deserves better, that Nigerians deserve better. That is not hatred. That is hope wrapped in courage.

To those trying to shut others up: stop confusing loyalty to government with loyalty to country. The two are not the same. In fact, they are often in direct opposition, especially when government abandons the people it swore to serve.

Loyalty to country means holding leaders accountable, not worshipping them. It means loving Nigeria enough to challenge those mismanaging its future. It means saying, "This is not good enough" and demanding better. A loyal citizen does not shield power from scrutiny; they ensure that power serves the people.

To safeguard the 2027 elections and Nigeria's democratic credibility, Section 24 must be urgently reformed. Its language should be tightened, its scope limited to genuine cyber threats, and its enforcement aligned with both constitutional guarantees and Nigeria's international obligations.

But beyond legal reform, we need a shift in political culture. Law enforcement must exercise restraint. The judiciary must stand as a bulwark of rights. Civil society must remain vigilant. And most importantly, citizens must keep speaking, knowing that democracy thrives not on silence but on accountability.

Patriotism is not silence in the face of hardship; it is the refusal to normalize it. It is the insistence that poverty should not be permanent, that suffering should not be routine, and that bad governance should never be excused as destiny. It is the unyielding belief that Nigeria can and must be better, and that silence only prolongs the pain. Because silence helps no one, but a voice, spoken with courage, just might save a nation.

 


--
John Onyeukwu
http://www.policy.hu/onyeukwu/
 http://about.me/onyeukwu
"Let us move forward to fight poverty, to establish equity, and assure peace for the next generation."
-- James D. Wolfensohn
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--
John Onyeukwu
http://www.policy.hu/onyeukwu/
 http://about.me/onyeukwu
"Let us move forward to fight poverty, to establish equity, and assure peace for the next generation."
-- James D. Wolfensohn
This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete or destroy the message. Thank you.

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Listserv moderated by Toyin Falola, University of Texas at Austin
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