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Counter Subversion Bill: 25-Year Jail Term For Separatist Agitation, 5 Years For Illegal Roadblocks — Tajudeen Abbas
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
Nigeria’s house Speaker, Tajudeen Abbas, had introduced the proposed legislation, the ‘counter subversion bill’ on the floor of the green chamber in July 23, seeking 25-year jail terms for separatist agitation and 5 years for illegal roadblocks.
However, on August 14, speaker came under nationwide criticism over the bill which is perceived as seeking to criminalise free speech as guaranteed in the Nigeria’s 1999 constitution as amended and punish citizens with dissenting political and other voices.
The bill provided draconian sections which experts believe could further stifle civic space and other democratic actors across the country.
The bill had sparked heated debates, widespread condemnation and concerns by the citizens, faulting its broadness in criminalising free speech in Nigeria.
In response to the public out cry over the bill, the Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, on Wednesday, withdrew the contentious Counter Subversion Bill, along with other related draft legislation.
A section of the proposed bill by Hon. Tajudeen reads, “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,” clause 18 of Mr Tajudeen’s legislation reads.”
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The clause 13 of it reads, “A person, group or organisation that persistently disregards, disobeys, or disrespects constituted authority, rules, regulations, orders or contravenes the law willfully, commits an offence and is liable on conviction to imprisonment for a term of 3 years for a first offence and seven years for a subsequent offence, or to a fine of N5,000,000 or both.”
Clause 3 of the bill makes it illegal to block roads or carry out government’s unapproved processions, which will be considered an offence under the bill.
It reads: “A person who engages in illegal road traffic functions, illegal roadblocks, imposition of illegal curfews, conducting illegal processions, checkpoints, and other similar acts commits an offence and is liable on conviction to a fine of N2,000,000 or imprisonment for a term of five years or both.”
“A person who engages in conduct that displays loyalty pledges allegiance to another country or denounces their loyalty to Nigeria, commits an offence and is liable on conviction to the penalty provided in subsection (2).
“A person who inspires, instigates, encourages or directs defiance, mentors, funds or abets or conspires with any person, group or organisation in opposition to or destruction of existing state institutions, structures or values by illegal conduct or violent acts, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of 10 years or both,” clauses 19(1) and 19(2) read.
It will interest you to know that aside from peaceful protesters, some religious organisations do block roads sometimes, more especially, during services or certain rituals or celebrations.
Recall that Civil society organisations and the media have opposed similar legislation in the past such as the NGO Bill, Hate Speech Bill, Fake News Bill, and others for years.
A section of the bill that seek to criminalise roadblocks and hoisting foreign flags etc., come amidst the #EndBadGovernance protests in the country and which was effectively suppressed in some states, labelling them as “regime change” advocates.
“A person, group or organisation that engages in aggressive, violent or intimidating conduct that results in the death of a person commits an offence and is liable on conviction to death,” clause 16 reads.
Clauses 2, 3, 4, 5, 6, 7, 9, 10, and 14 of the bill prescribe various punishments for those involved in illegal activities that are perceived to disregard Nigeria’s sovereignty.
Clause 7 of the bill criminalises actions that support separatist activities, which is punishable by 25 years imprisonment or a N10 million fine or both.
“A person who makes a statement does something or directs or encourages another person or group to do something that will lead to separatist agitation or intergroup or sectional conflict, commits an offence and is liable on conviction to a fine of N10,000,000 or imprisonment for a term of 25 years or both.”
“A person who destroys national symbols refuses to recite the national anthem and pledge, defaces or abuses a place of worship with the intention of causing violence and subverting the Government of Nigeria, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of 10 years or both.”
It was reported that in some states, demonstrators blocked major highways during the protest, which was held from 1- 10 August, and in a few states where looting occurred, state governments declared curfews.