Reps Speaker sponsors bill, seeks N4m fine, imprisonment for Nigerians embarrassing leaders, others

According to a bill sponsored by the Speaker of the House of Representatives, Nigerians risk a jail term of up to two years or a fine of N4 million for any action considered to demean or embarrass a public official.

Mr Tajudeen’s bill, titled the Counter Subversive Bill, includes some draconian provisions that experts believe could further stifle civic space and other democratic actors.

The speaker asserts that the bill falls within Nigeria’s anti-terrorism framework and aims to address subversive activities by associations, organisations, militias, cults, bandits, and other proscribed groups in Nigeria.

However, many clauses could be extended to any group, although the proposal may be amended during the committee stage or rejected.

“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.

Additionally, clause 13 of the bill prescribes a three-year jail term or a N5 million fine for “disrespecting” constituted authorities, subject to conviction by the court.

“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 13 reads.

This is the latest in a series of moves by successive governments to regulate the civic space through legislation.

Civil society organisations and the media have opposed similar legislation such as the NGO Bill, Hate Speech Bill, Fake News Bill, and others for years.

Mr Tajudeen, who became speaker in June 2023 following open endorsement by President Bola Tinubu, appears to have taken up the task of advancing this legislation.

Criminalising road blockades and hoisting foreign flags

The Speaker’s bill is coming amid #EndBadGovernance protests that have shaken the country and which the government violently suppressed in some states, labelling them as “regime change” advocates.

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.

PREMIUM TIMES also reported that some protesters carried Russian flags while urging President Vladimir Putin to intervene. The federal government has since arrested some of the protesters.

If the bill is passed and signed into law, it will criminalise many of the activities that occurred during the protests.

For instance, Clause 3 of the bill makes it illegal to block roads or carry out illegal processions, which will be considered an offence under the bill.

“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,” the clause 3 of reads.

On foreign loyalty, the bill prescribes tough sanctions for pledging allegiance to any country in a manner that undermines Nigeria’s national security interests. If convicted under clause 19 of the bill, such a person or organisation is liable to a prison term of 10 years or a fine of N5 million.

“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.

Aside from protesters, religious organisations are also known for blocking roads during services.

Tough action against separatists

A large part of the bill focuses on sanctions against separatist movements and bandits in the country.

Nigeria is grappling with long-standing separatist movements in the South, particularly the Indigenous People of Biafra (IPOB) in the South-east and the Yoruba Nation in the South-west.

IPOB has become violent in recent years since the incarceration of its leader, Nnamdi Kanu, who faces charges of treasonable felony. The group has used the sit-at-home order to disrupt economic activities in the region every Monday. Often, the enforcement of the order results in the killing of people.

In addition to the sit-at-home order, there have been attacks on civilians and security agencies by groups within the region by persons believed to be members of the militant Eastern Security Network (ESN) loyal to Simon Ekpa, a separatist leader residing in Finland.

In the North, several groups already proscribed as terrorists have also been operating like sovereign entities.

Mr Tajudeen’s bill seeks to impose punishments on the activities of these groups, including the death penalty and heavy fines.

“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 disregard Nigeria’s sovereignty.

For instance, Clause 7 of the bill criminalises actions that encourage separatist activities. The offence carries a punishment of imprisonment for 25 years 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,” clause 7 reads.

Failure to recite the national anthem

The bill also seeks to extend some of its draconian measures to the refusal to recite the national anthem.

Clause 8 makes it a criminal offence to refuse to recite the national anthem and pledge or to destroy any national symbols. The offence carries a penalty of 10 years imprisonment, a N5 million fine, 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,” clause 8 reads.

The national anthem has become a political issue following the decision of the National Assembly to revert to the old anthem.

In May, the two chambers of the National Assembly passed a bill to change the national anthem, and President Tinubu swiftly signed it.

However, many have expressed opposition to the new anthem. Aisha Yesufu, a close ally of Peter Obi, the Labour Party Presidential Candidate in the 2023 election, openly stated that she would not comply with the new anthem.

A former Minister of Education, Obiageli Ezekwesili, shares the same stance on the national anthem.

Members to decide the fate of the bill — Mr Tajudeen

Responding to reactions trailing the bill, Mr Tajudeen said the legislation is consistent with global standards.

In a statement by his spokesperson, Musa Krishi, Mr Tajudeen noted that countries such as the United Kingdom, Spain, India, Turkey, Canada, and Australia have similar laws.

He added that the bill’s fate, introduced on 24 July, is in the hands of the members, who will decide whether the bill should proceed.

“According to Parliamentary processes and procedures, the Bill will need to be listed for a Second Reading, where Members will thoroughly scrutinise its merits and demerits during debate. Members can decide to ‘kill’ the Bill or allow it to pass at this stage. If it passes the Second Reading, it will be referred to the relevant Committee of the House for further legislative action,” he said.