Emeka Ibemere
There has
been an outrage of reactions following the planned move by the National assembly,
especially the senate to pass bill that will sentence any social media
offenders in Nigeria to two years jail. This move, though, has drawn the eye of
various media experts and media stakeholders, including the President Muhammadu
Buhari.
Having carefully
followed the issue, the Partnership for Media and Democracy in Nigeria, PAMED, said
it has carefully studied the content of the Frivolous Petitions (Prohibition,
etc.) Bill, 2015 which was sponsored by one Senator Bala Ibn Na’Allah,
representing Kebbi South Senatorial District, and decided to request for the
dropping of the alleged frivolous bill.
In a press release
made available to Newswatch Times and signed by Dr. Akin Akingbulu, Executive
Director, Institute of Media and Society (IMESO), Edetaen Ojo, Executive
Director, Media Rights Agenda (MRA) and Lanre Arogundade, Director,
International Press Centre (IPC), said the bill constitutes a threat to
democracy.
According to
PAMED, which comprises the Institute of Media and Society (IMESO), Media Rights
Agenda (MRA) and the International Press Centre (IPC), they reached the decision
to request the senate chamber to drop the proposed bill after they painstakingly
studied the bill and come to the conclusion the bill constitutes a threat to
democracy because it seeks to repress the social media, the conventional media,
the civil society and the citizenry as a whole.
Senator
Na’Allah’s bill seeks to make illegal, the common act of individuals sponsoring
frivolous petitions to tarnish or blackmail public servants or political office
holders for selfish purposes. The bill also seeks to make it a requirement for
petitioners to depose to an affidavit in court which must be attached to any
petition. Where such petition is discovered to be frivolous or mischievous or
the facts there in are false, the proposed bill makes it a case of perjury
which is an offense under the law.
It was in
the light of all the pressing development challenges confronting the country,
which should be the priorities of the Senators and all other persons exercising
any form of political power or authority, that the PAMED is of the view that
the bill itself is frivolous and unwarranted.
According to
PAMED, the bill, through its frivolous content and malicious intent, seeks to
achieve nothing other than undermining freedom of expression, press freedom,
public participation in governance and democracy.
“For
example, the bill in section 3 states that: “.....any person who makes any
allegation and or publish any statement, petition in any paper, radio, or any
medium of whatever description, with malicious intent, to discredit or set the
published against any person or group of persons, institutions of government,
he shall be guilty of an offence and upon conviction shall be liable to an
imprisonment term of two year or a fine of N4, 000,000:00”, PAMED, highlighted.
“The bill
also states in section 4 that “Where any person through text messages, tweets,
WhatsApp, or through any social media post any abusive statement knowing same
to be false with intent to set the public against any person and or group of
persons, an institution of Government or such other bodies established by law
shall be guilty of an offence and upon conviction shall be liable to an
imprisonment for two years or a fine of N2, 000,000:00 or both such fine and
imprisonment.”
PAMED
therefore affirms that the bill violates all the norms of democratic practise,
freedom of expression, press freedom, transparency and accountability as well
as open governance.
PAMED
further holds that the bill completely negates the letters and spirit of
important international conventions to which Nigeria is a signatory including
the International Covenant on Civil and Political Rights (Article 19), the
Universal Declaration of Human Rights (Article 19) and the African Charter on
Human Rights (Article 9) all of which affirm the right of citizens to hold
opinion, freely express themselves and freely disseminate information.
The group said
if the bill becomes Law, it will have the effect of imposing an unwarranted
pre-condition for the exercise of this right, which is now globally recognized
as not just a fundamental right in itself but also as an enabler of all other
rights, including other civil and political rights as well as economic, social
and cultural rights.
PAMED therefore,
wishes to inform the Senators that by seeking to gag the press through the
Frivolous Petitions Bill, they are actually subverting the constitution which
they have sworn to uphold, particularly section 22 of chapter II which states
unequivocally that:
“The press, radio, television and other
agencies of the mass media shall at all times be free to uphold the fundamental
objectives contained in this Chapter and uphold the responsibility and
accountability of the Government to the people.”
PAMED
contends that it is an exercise in frivolity for a national legislature to
suggest that any citizen wishing to write a petition or make an allegation or
that any media outlet seeking to publish such a petition or allegation should
first be subjected to the unnecessary hardship of going to a high court to
depose to an affidavit before proceeding. It is clearly unheard of anywhere in
the world. PAMED deems it necessary to
remind the Senators that being elected representatives of the people does not
transform them into untouchable gods who cannot be criticised by those that
they ought to be serving.
Senators are
indeed nothing but mere public servants who the citizens, the media and the
civil society are free to make accountable through any legitimate means
including petitions, criticisms, allegations of non-performance or misconduct
and the publication of such in any media of their choice, a right guaranteed
them by the Nigerian Constitution as well as regional and international human
rights instruments. In the circumstance, PAMED believes that the only path of
honour left for the Nigerian Senate is to immediately and without any further
ado drop the bill, otherwise it would continue to bring upon itself more pubic
odium, derision and protests.
It will be recall
that President Muhammadu Buhari has criticised the controversial social media
bill that is currently being debated in the senate. The Act to Prohibit
Frivolous Petitions and other Matters Connected Therewith has caused outrage as
many believe it is an attempt to curb freedom of speech and target government
critics. It passed a second reading at the senate earlier in December.
"President
Muhammadu Buhari has reiterated the commitment of his administration to the
protection of free speech in keeping with democratic tradition," the
president's assistant on media and publicity, Garba Shehu, said in a statement.
"But he
is not averse to lawful regulation, so long as that is done within the ambit of
the constitution which he swore to uphold. The president said free speech is
central to democratic societies anywhere in the world. The president explained
that without free speech, elected representatives won't be able to gauge public
feelings and moods about governance issues."
Shehu said
that Buhari reassured the public that the senate was democratic. However, the
senate would continue to discuss the bill which, according to some senators,
would tackle frivolous petitions and protect honest civil servants.
However,
Human Rights Watch warned that the proposed law was designed to muzzle free
speech and could affect more than 15 million Nigerians who were active on
social media. Socio-Economic Rights and Accountability Project (SEPRAP) filed a
petition against the bill and said in a statement the UN Special Rapporteur was
considering the appeal. The bill being made reference to is An Act to prohibit
frivolous petitions and other related matters, which absolutely makes no
mention of jailing social media users.