Opinion I Death Sentence For Hate Speech?

DEATH SENTENCE FOR HATE SPEECH?

         

As days unfold, it seems every political leader in Nigeria is deeply concerned about how all sorts of deviant acts would be tactically flushed out of the country’s system in its entirety. This is perhaps the reason different forms of bills pertaining to criminality or social deviance won’t cease to flood our various lawmaking chambers, both at the federal and state levels.

         

Presently, in the National Assembly (NASS), there is a certain bill lying on the floor of the hallowed chamber that’s targeted at ending every kind of ‘hate speech’, which is at the moment the order of the day mainly on the new media platform otherwise referred to as the social media. It’s being sponsored by the Spokesman of the Red Chamber, Senator Aliyu Abdullahi.

         

The bill, which seeks establishment of an ‘Independent National Commission for Hate Speech’ that would enforce hate speech laws across the country as well as advise the federal government in that regard, if passed into law, shall grant a ‘not less than five-year jail term or a fine of not less than N10 million, or both, for offences such as harassment on the grounds of ethnicity or racial contempt.

          

Among other prescriptions captured in the amazing bill, it’s further advocating that upon conviction, hate speech offenders ought to face the hangman’s noose; meaning literally that a convicted culprit shall be facing a death sentence via hanging. The particular clause that’s seeks capital punishment actually concerns hate speech that resulted in the death of someone.

        

This bill if eventually signed into law, will unequivocally be in disagreement with Section 39 (1) of the Nigerian 1999 Constitution, as amended, that allows freedom of expression. The said section empowers Nigerians to freely hold opinions as well as receive and impart ideas cum information without interference. Hence, the NASS probably is equally thinking of how to amend this very section.

         

Criminalizing an activity – free speech – that showcases the true mark of any democratic terrain is enough indication that the people we elected to represent us have abruptly turned against our collective existence. The truth is that, the so-called hate speech does not in any way deserves to be tagged a criminal act let alone warranting a death sentence.

         

It’s mind boggling that this is happening at a time every bloc across the globe, particularly the United Nations (UN), is seriously condemning prescription of capital punishment as a penalty for any kind of conviction whatsoever; at an era when rational thinkers consider such type of sentence as barbaric and archaic; at a period various civil societies are advocating life imprisonment as the greatest punishment to be served by any court of law irrespective of the nature of the offence.

        

The reason life sentence should be preferred to that of death has overtime been made clear. One might be erroneously sentenced, thus if such person is serving a life imprisonment, the judgement could be revisited in the long run when an authentic alibi, or as may be the case, is eventually tendered to the court that convicted him/her. Hence, it’s retrogressive for any legislature to advocate capital penalty at this 21^st century.

         

Besides, it’s baffling to acknowledge that till date, our revered legislators are yet to sponsor a bill that would prescribe the hangman’s noose upon conviction as regards a case involving looting. It’s indeed amusing, to assert the least, that this set of elected officers we look up to is still finding it difficult to align with our notion that looters ostensibly deserve capital punishment if convicted.

         

Why would someone who indulge in an act (looting) that could render thousands of Nigerians jobless and equally results in untimely death of several others be allowed to walk freely and boldly on the streets, but one who expresses his/her feelings or opinions toward the country’s leaders, or public servants in general, would be meant to serve a death sentence? How do we reconcile this? If your thought is as good as mine, then you will agree with me that the bill in question is simply controversial, hence doesn’t merit a second hearing let alone passing it.

        

Time has obviously arrived for us to start placing priorities in all our doings concerning governance. Our continuous misplacement of ‘scale of preference’ virtually in our everyday activity remains one of the basic reasons we often times move aback when expected to drive ahead. The collective yearnings of the people shouldn’t be shortchanged for our individual interests.

       

I’m as well using this medium to urge Nigerians as a people to be much focused whenever they are seeking governance. We ought not to allow our personal hatred for a certain public servant override our collective quest for good leadership. It’s more disturbing when realized that even the leaders seemingly don’t like themselves, thus on a daily basis, display speeches that bear hatred in the name of acting in opposition.

        

As much as I’m in support of the NASS’ dogged move to eradicate the so-called hate speech among Nigerians, it’s also worth noting that such movement isn’t meant to erode the fundamental rights of the people. Think about it!

 

Comrade Fred Nwaozor

Executive Director, Docfred Resource Hub (DRH) - Owerri

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frednwaozor@gmail.com

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