Any
person found guilty of any form of hate speech that results in the
death of another person shall die by hanging upon conviction, reads a
new bill by the Senate.
The
bill, which reflects the growing concern over the spate of violence in
the nation, was sponsored by the spokesman of the upper chamber, Senator
Aliyu Sabi Abdullahi (APC, Niger).
It
also seeks the establishment of an ‘Independent National Commission for
Hate Speeches’, which shall enforce hate speech laws across the country,
ensure the elimination of the menace and advise the Federal
Government.For offences such as harassment on the grounds of ethnicity
or racial contempt, a culprit shall be sentenced to “not less than a
five-year jail term or a fine of not less than N10 million or both.”
The
bill notes: “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 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.”
It
notes that “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
(a) violating that other person’s dignity or (b) creating an
intimidating, hostile, degrading, humiliating or offensive environment
for the person subjected to the harassment.
“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.”The National Commission
for Hate Speeches shall be headed by an executive chairperson who would
be appointed by the president on recommendation of the National Council
of State, subject to the confirmation of at least two-third majority of
the National Assembly.
The
commission shall discourage persons, institutions, political parties and
associations from advocating or promoting discrimination or
discriminatory practices through the use of hate speeches; promote
tolerance, understanding and acceptance of diversity in all aspects of
national life and encourage full participation by all ethnic communities
in the social, economic, cultural and political life of other
communities.It shall also plan, 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.
It
shall furthermore promote respect for religiouss, cultural, linguistic
and other forms of diversity in a plural society; promote equal access
by persons of all ethnic communities and racial groups to public or
other services and facilities provided by the government.
The
Senate also disclosed that its bid to pass the 2018 budget was being
frustrated by ministers and heads of parastatals who have refused to
provide details on allocations to their ministries.Without mentioning
names, the upper chamber issued a fresh seven working-day ultimatum to
the affected ministries.
Similar
ultimatums in the past had done little to facilitate the budget
preparation.The Vice Chairman of the Senate Committee on Appropriation,
Sunny Ogbuoji, said: ” The majority of the Ministries, Departments and
Agencies are not coming forward to interface with the standing
committees. Some of the ministers will tell you they are going outside
the country, and because of that, the MDAs are not fully ready.”
The
Senate President, Bukola Saraki, stressed that the upper chamber wants
the process concluded as early as possible, regretting: “The perception
is that it is the parliament that delays these things.”He said: “The
Senate Majority Leader will communicate and get in touch with the
executive arm of government, so that these MDAs can be told to play
their part to ensure that this exercise can be completed.
“I
appeal to all these ministers and managing directors that keep on
travelling that this is a time for them to be on ground and ensure that
they finish this report.”The Deputy Senate President, Ike Ekweremadu,
said it was unfair for the heads of parastatals to “hold the country
down.” He noted: “It has come to a stage where we have to consider
taking what has already been presented by the president from those MDAs
as the position of the MDAs, instead of waiting for them for ever.
“We
gave them an opportunity about three weeks ago to make this a priority
but it seems that has not happened. So, instead of the country
suffering, it is better to give them just few more days. And after that,
the relevant committees will adopt what was sent to us by the president
as the positions of the MDAs. We cannot continue to be running the
country like this.”
The
Senate furthermore faulted the assumption of office by the newly
nominated acting Executive Secretary of the National Human Rights
Commission (NHRC), Anthony Okechukwu Ojukwu, ahead of a confirmation.It
also mandated its committee on judiciary to investigate the Attorney
General of the Federation and Minister of Justice, Abubakar Malami, for
directing Ojukwu to do so.
The
upper chamber reached the resolutions following a motion by Senator Dino
Melaye who noted: “If the attorney general, who is supposed to be the
custodian of our laws, will flagrantly ask an individual who has been
nominated by Mr. President but has not been confirmed by the Senate to
go and assume duty, and the person has since resumed, then we are not
practising democracy. We have no regard for the rule of law.”
The Guardian
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