Biafra
Bill Seeking 25-year Jail Term For Secession Agitation Is Draconian And Unconstitutional-Lawyer
Article 20 of the African Charter on Human and Peoples’ Rights, which has been in application in Nigeria by virtue of its domestication as part of our laws, clearly provides that all people shall have the right to existence; they shall have the UNQUESTIONABLE and INALIENABLE RIGHT to self-determination.
A Nigerian lawyer, Ifeanyi Ejiofor, has described as draconian and unconstitutional a counter subversion bill sponsored by Tajudeen Abbas, speaker of Nigeria’s house of representatives.
Ejiofor who wrote on his verified official Facebook page, said that the proposed counter subversion bill constitutes a dangerous version of an authoritarian anti-people law: “it is imperative to observe that the proposed Bill constitutes a dangerous version of an authoritarian anti-people law.”
Many Nigerians have berated the lawmaker for sponsoring such bill described as draconian and aimed at suppressing both dissenting political voices and others in the country, in contravention of the Nigeria’s 1999 constitution as amended, which provides right to self-determination.
Recall that the Nigeria’s house of representatives speaker had said in his proposed counter subversion bill, that “A person who castigates, instigates, persuades, denigrates, embarrasses or brings into disrepute the leadership of a community, religion, lawful group, local government, State or Federal Government of Nigeria, commits an offence and is liable on conviction to a fine of N4,000,000 or imprisonment for a term of two years or both.”
Below is the full read:
THE PROPOSED COUNTER-SUBVERSION BILL 2024: A PROPOSED DRACONIAN BILL ROUNDLY RESISTED BY THE FREE WORLD AND RESPONSIBLE CITIZENS:
“Only yesterday, social media platforms and print medias were awash with news of a recent clandestine move by the Nigeria House of Representatives to introduce the Counter-Subversion Bill 2024.
“In very simple terms, the proposed Bill primarily and substantially sought to impose stringent penalties on individuals involved in separatist agitation or actions that incite inter-group or sectional conflicts.
“However, without delving into an extensive discussion of the unconstitutionality or otherwise of the said Bill, it is imperative to observe that the proposed Bill constitutes a dangerous version of an authoritarian anti-people law and as such, was vehemently condemned and resisted.
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“Apart from the fact that the law sought to be enacted was in direct confrontation with relevant sections of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended, it is, ex-facie, in direct violation of relevant provisions of the African Charter on Human and Peoples’ Rights (Ratification & Enforcement) Act (Cap A9), Laws of the Federation of Nigeria, 2004. This law has been ratified and is accordingly domiciled as part of our laws today, effectively enjoying the pronouncements of our courts, including the Supreme Court.
Specifically, Article 20 of the African Charter on Human and Peoples’ Rights, which has been in application in Nigeria by virtue of its domestication as part of our laws, clearly provides that all people shall have the right to existence; they shall have the UNQUESTIONABLE and INALIENABLE RIGHT to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policies they have freely chosen.
THIS LAW RECOGNIZES THE RIGHT TO SELF-DETERMINATION AS INALIENABLE AND SACROSANCT.
For a proper appreciation of the dubious intentions of the draftsman, which may have actuated the introduction of the proposed Bill, we shall direct our focus to the mischief, if any, which the House of Representatives set out to cure in the first place — this mischief may have necessitated the introduction of the draconian Bill. A simple analysis will expose our understanding of the unfortunate reality that the Federal Government is assiduously throwing caution to the wind to ensure that the dissenting voices of relatively marginalized sections of the country are permanently stifled and consequently suffocated forever.
It is therefore a good thing that the Speaker of the Nigerian House of Representatives has withdrawn the proposed Draconian Bill the same way they attempted to smuggle it in; because if the said anti-people proposed Bill was allowed to stand, it would underscore our gradual descent towards a full authoritarian regime, where the voices of the oppressed can no longer be heard or tolerated.
Be assured that we will not hesitate to challenge any attempt to craftily introduce laws that will undoubtedly infringe on the constitutionally guaranteed rights of citizens, by those elected to represent their interests in the National Assembly.
Thank you all.
Signed:
Sir Ifeanyi Ejiofor Esq. (KSC)
August 14, 2024.