Adedapo Adesanya
By Adedapo Adesanya
A bill to impose death penalty on hate speech offenders in Nigeria has passed the first reading at the Senate. The bill, tagged National Commission For the Prohibition of Hate Speeches, was sponsored by the Deputy Chief Whip of the Senate, Mr Abdullahi Aliu Sabi (APC, Niger State).
A part of the motion said a death penalty should be imposed on “any person found guilty of any form of hate speech that results in the death of another person.”
The upper chamber of the National Assembly had previously abandoned the bill last year, following public outcry. But the present ninth Senate has reintroduced the bill, reigniting furore as critics say it is against the fundamental human rights of every Nigerian.
At Tuesday’s session, the reintroduced bill, which was the 12th item on the Order Paper, was granted automatic first reading on the floor of the Senate when it was read by the sponsor.
The death penalty is the most severe punishment provided by the bill which defines hate speech as a comment that insults people for their religion, ethnic and linguistic affiliation, among others.
The bill stipulates: “Any person who commits an offence under this section shall be liable to life imprisonment and where the act causes any loss of life, the person shall be punished with death by hanging.”
On offences like harassment on the basis of ethnicity, racial contempt, the bill proposes not less than five-year jail term or a fine of not less than N10 million or both.
“A person who uses, publishes, presents, produces, plays, provides, distributes and /or directs the performance of, any material, written and/or visual which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour commits an offence if such a person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria.”
According to the bill, “Conduct shall be regarded as having the effect specified in subsection (1)(a) or (b) of this Section if, having regard to all the circumstances, including in particular the perception of that other person, it should reasonably be considered as having that effect.
“A person who subjects another to harassment on the basis of ethnicity commits an offence and shall be liable on conviction to an imprisonment fora term not less than five years, or to a fine of not less than ten million naira, or to both.”
The bill, according to its sponsor, is aimed at ensuring the elimination of all forms of hate speeches; promoting the elimination of all forms of hate speeches against persons or ethnic groups; as well as advising the Federal Government on the matter.
Other circumstances which the bill condemns are when “a person subjects another to harassment on the basis of ethnicity for the purposes of this Section where, on ethnic grounds, he unjustifiably engages in a conduct which has the purpose or effect of violating that other person’s dignity; or creating an intimidating, degrading, hostile, humiliating or offensive environment for the person subjected to the harassment.”
The commission will be headed by an executive chairperson to be appointed by the President on the recommendation of the National Council of State, subject to the confirmation of at least two-thirds majority of the National Assembly.
Other functions of the commission include discouraging persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices through the use of hate speeches; promoting tolerance, understanding and acceptance of diversity in all aspects of national life and encouraging full participation by all ethnic communities in social, economic, cultural and political life of other communities.
It was also noted that there would be plans to supervise, coordinate, and promote educational and training programmes to create public awareness, support, and advancement of peace and harmony among ethnic communities and racial groups.
