Ahead of next year’s general election, the electoral umpire, Independent National Electoral Commission (INEC), the government and other stakeholders warn of the dangers of hate speech, especially by politicians and their supporters. Senior lawyers suggest ways out of the hate speech time bomb. NDIDI OKODILI reports.

The Nigerian political space is often fouled by extreme use of innuendo that incites hate, division and disregard and intolerance for opposing views.

Not a few politicians, political parties and their supporters often employ slanderous and debasing speeches to drive their agenda.

The resort to such speeches has ‘poisoned’ the electoral process such that electioneering campaigns are sometimes just a little less toxic than armed warfare.

Since the country’s return to the current political dispensation, an unquantifiable number of lives and property have been lost to violent clashes among political groups. At the root of this mayhem, is, in many cases, hate speech.

 

WHAT IS HATE SPEECH?

The Cambridge Dictionary defines hate speech as public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation.

 

50 INCIDENTS OF PHYSICAL ATTACKS IN 21 STATES

The nation’s electoral umpire, the Independent National Electoral Commission (INEC), has continued to draw the attention of political parties and candidates to the attendant consequences of hate speech in the electoral process.

But some politicians’ subsequent actions suggest that INEC’s counsel sometimes goes unheeded. However, those hell-bent on promoting hate speech will have the 2022 Electoral Act to contend with.

The attendant consequences of hate speech are already manifesting in the current electoral process.

INEC recently disclosed that it has so far tracked 50 incidents of physical attacks during the ongoing political campaigns across 21 states and the Federal Capital Territory (FCT).

The Commission’s Chairman, Prof. Mahmood Yakubu, said: “These unhappy occurrences are coming just a little over one month into the election campaign which is scheduled to last for about five months from 28th September 2022 to 23rd February 2023 for national elections (Presidential and National Assembly) and from 12th October 2022 to 11th March 2023 for State elections (Governorship and Houses of Assembly).

“The Commission is worried that if no urgent and decisive steps are taken, the attacks will intensify as we approach the election date. As we all know, a peaceful campaign heralds a peaceful election. We need to take decisive steps to stem the ugly trend.”

 

AREWA CONSULTATIVE FORUM KICKS

Apart from the Commission, well-meaning Nigerians and socio-cultural organisations have also cautioned politicians against the use of incitive slogans that intend to ridicule or debase the religion, ethnicity and sex of their opponents.

The Arewa Consultative Forum (ACF) recently urged INEC to impose severe sanctions on politicians who engage in hate speeches.

It urged leaders to exercise restraint in their utterances in order not to overheat the polity.

According to the Forum in a statement signed by its Secretary General, Murtala Aliyu, “INEC has a responsibility to act and enforce the Electoral Act as amended.

“It should impose the harshest punishment possible on politicians who think achieving their ambitions is more important than national peace and harmony.

“Such persons are unfit for any form of leadership at whatever level.

“Although Nigeria is already facing severe life-threatening challenges arising from lack of security and the growing economic crises, it would seem that there are many desperate political leaders and other self-appointed community champions that will not hesitate to add more fuel to the fire.

“Shamefully, most are driven by blind ambition or plain hatred. No one can fail to notice the alarming rise of tension and lawlessness as the election campaigns and contests gather pace.”

It added: “of much greater concern, however, is the resort to hate speech, insults and threats of violence being issued by the political leaders, including by state governors.

“They seem to be pathetically unaware that the distance between hate speeches and violence, even genocide, is a very short one.

“Hate speech, for whatever reason, covers many forms of expression but all incite, promote or justify hatred, violence and discrimination against an individual or group of people.

“It poses grave danger to the unity and stability of a democratic society, protection of human rights and the rule of law.

“Unchecked, it can lead to acts of violence and conflict on a grand scale…

“The Electoral Act as amended and for good reasons prescribed heavy punishment for infractions such as this.

“The fact that hate speeches and acts of violence and aggression are rife in this campaign season can only mean that the laws are not being enforced.

“This hasn’t come as a surprise considering the fact that the National Assembly has so far chosen not to enact the law that will see to the birth of the Electoral Offences Tribunal.

“Arewa Consultative Forum, therefore, calls on leaders at whatever level to exercise restraint in their utterances to enable us to have a peaceful election and transition.”

 

NATIONAL PEACE COMMITTEE URGES RESTRAINT

Also cautioning against the resort to the use of hate speech, the National Peace Committee (NPC), headed by former Head of State, General Abdulsalami Abubakar, has called on candidates to restrain their spokesmen and supporters to make electioneering campaigns violent-free.

The Committee decried the use of intemperate language, intimidation and outright violence by party supporters.

It warned that the development, if not curtailed, could undermine the Peace Accord signed by all Presidential candidates at the International Conference Centre (ICC), Abuja, on September 28.

The NPC’s position is contained in a statement issued recently in Abuja and jointly signed by Abubakar (Chairman) and Bishop Matthew Hassan Kukah  (Convener), respectively.

According to the statement, the NPC is sad and deeply concerned about the deterioration in the communication of fundamental issues among the politicians since INEC lifted the ban on political campaigns in September.

The statement reads: “Nigerians have been fed a menu of intemperate language, intimidation and outright violence in the field of the campaigns.

“It is evident that some of our actors have not learnt any lessons from the past. There is an increasing tone of desperation, if not incitement, among some of the contestants and members of their parties.

“Intra and inter-party wranglings persist, with occasions of violence. In desperation, some selfish political actors use these strategies to pursue their frivolous ambitions in the courts.

“The international community has taken a very keen interest in the development and progress of our country on the path of Democracy.”

The NPC urged law enforcement agencies to enforce the law with the understanding that everyone will be held accountable for their actions, no matter their status.

It urged citizens to be “more discreet in the kind of information that they circulate on various platforms. Individuals must take responsibility for what they read. We encourage the youth to be more restrained and to use their numbers well to guard their future.

“We call on all the candidates to rein in their spokespersons and those who claim to represent them and their parties in the public media. All candidates will be held responsible for what is said on their behalf or of their party.

“Aggressive and abusive language only diminishes the integrity of the individuals, their candidates and their parties. Nigerians should be ready to punish instigators of violence by isolating them or their candidates.

“We call on the Federal and state governments to ensure a level playing field for all parties in the course of the campaigns. Access to federal or state facilities must be open to all candidates as long as they meet their financial and other commitments to using the facilities.

“It is morally wrong to abuse the power of incumbency by subverting the efforts of those who are in opposition to the status quo. Parties and citizens do not lose their rights because they are opposed to the party in power. All citizens are above political parties.”

 

HATE SPEECH REGISTER

The National Human Rights Commission (NHRC) has also announced plans to establish a national hate speech register to track inciteful and hate speeches in campaigns for the 2023 elections.

The Commission said the action followed the rhetoric of hate speech by political sides and their supporters.

NHRC Executive Secretary Tony Ojukwu (SAN) stated this at a programme on the launching of ‘Mobilizing Voters for Election,’  in Abuja.

He also stated that the commission was partnering with Facebook and Twitter to develop an easy platform for monitoring media outlets for tracking violators.

According to him, the commission would be working with relevant security agencies to ensure citizenship access to the voting process and to protect their rights to vote rather than intimidation

 

WHAT THE LAW SAYS

The absence of a special tribunal to try electoral offences has emboldened mischievous politiçians to continue to perpetrate criminality, notwithstanding the provisions of the 2022 Electoral Act.

 

Section 92 of the Electoral Act 2022

prohibits certain conducts at political campaigns: (1) A political campaign or slogan shall not be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings.

(2) Abusive, intemperate, slanderous or base language or insinuations or innuendoes designed or likely to provoke violent reactions or emotions shall not be employed or used in political campaigns.

(3) Places designated for religious worship, police stations, and public offices shall not be used –

(a) for political campaigns, rallies and processions; or

(b) to promote, propagate or attack political parties, candidates or their programmes or ideologies.

(4) Masquerades shall not be employed or used by any political party, aspirant or candidate during political campaigns or for any other political purpose.

(5) A political party, aspirant or candidate of a political party shall not retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest, or in such manner as to arouse reasonable apprehension that they are organised, trained or equipped for that purpose.

(6) A political party, aspirant or candidate shall not keep or use armed private security organisation, vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, rallies, processions or elections.

(7) A political party, aspirant or candidate that contravenes any of the provisions of this section commits an offence and is liable on conviction –

(a) in the case of an aspirant or candidate, to a maximum fine of N 1,000,000 or imprisonment for a term of 12 months; and

(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N 1,000,000 for any subsequent offence.

 

NATIONAL ELECTORAL OFFENCES COMMISSION BILL

Also, the House of Representatives Committee on Electoral Matters recently held a public hearing on the ‘Bill for an Act to Establish the National Electoral Offences Commission and for Related Matters 2022.

Clause 32 of the proposed Bill criminalizes speeches that could spark violence.

The clause reads, “(1) A person who, in the course of politics or elections, uses or directs the use of threatening words, behaviour or action, or displays or directs the display of any written material which is threatening or incites violence, is guilty of an offence if — (a) he/she intends thereby to stir up ethnic, religious, or racial hatred, social or political insecurity or violence against anyone or group of persons; or (b) having regard to all the circumstances, ethnic, religious, or racial hatred or social or political insecurity or violence is likely to be stirred up thereby.

“(2) Any person who commits an offence under sub-clause (1) of this clause shall be liable, on conviction, to imprisonment for a term of at least 10 years or a fine of at least N40,000,000, or both.”

 

AGBAKOBA: WHY LAW ALONE MAY NOT BE THE SOLUTION

Prominent Nigerians including senior lawyers and political leaders have roundly condemned the use of hate speech as a potent threat to the nation’s democracy.

A Senior Advocate of Nigeria (SAN), Olisa Agbakoba, expressed worry that political actors and their supporters, if not restrained, may derail the 2023 electoral process or plunge the country into crisis.

Agbakoba said: “That is very bad, I think what Nigerians want to hear from our politicians are issues around the economy, issues around lack of jobs and not about hate speech where one person is insulting the other, because it doesn’t add any value to people who need to have good governance in 2023.

“The point is, I’m not sure how law can solve this problem. It’s a cultural issue, it’s a matter of how your integrity and character have been formed, in terms of how you can approach issues. Yes I know there are laws to deal with it but I think It’s something the relevant government agencies that deal with hate speech issues should create an education desk, even social media is on fire with hate speech, not just the issue of the politicians, the whole atmosphere has been overtaken by hate speech.

“So I would also urge the politicians not to allow their supporters to deflect them from the real goal of canvassing votes on the basis of clear policy issues. And I think that’s what most Nigerians want, not hate speech. Whenever I see hate speech, it doesn’t matter which politician is writing it, it is my personal decision, whether on social media or in the newspapers, I don’t read it, I ignore it. So it’s not good for our democracy at all”.

On whether there could be a remedy, Agbakoba was pessimistic. He said: “Unfortunately, I don’t see that it will discontinue soon, the hate speech syndrome is so engulfed in our politics, around issue of ethnicity, the issue of religion, the issue of different parties. I think it will just be there, unfortunately. It also speaks to the level of our political culture; our political elites, unfortunately, are still very underdeveloped, because if they were, the hate speech that comes out of their supporters, they will be able to control it. So it’s a shame that it is happening. We have to live with it and we hope it will not destroy Nigeria.

“My worry is that we need to avoid hate speech spiralling into violence. That’s my worry at polling stations where you will have opposing camps assaulting themselves or where on social media, people have already been pumped up and have taken a particular position, I have that internal worry but I  just pray that my worry will not come to fruition”.

REGULATION, PROSECUTION IMPORTANT, SAYS SHITTU

Another Senior Advocate of Nigeria (SAN),  Lawal Shittu, likened hate speech perpetrators to enemies of the country and, among others, canvassed their prosecution.

He said: “Hate speech is dangerous to the system and dangerous to the developmental process, as well as inimical to the growth of democracy. Hate speech is akin to blackmail, synonymous with defamation, so people who embark on hate without verifiable facts ought to be sued in a civil action and prosecuted in a criminal action because they are dangerous to the system. So, I think that criminal and civil liability is the answer.

“Our political elite should focus on the power of ideas, the power of positive action and the power of affirmative action; we should discourage all forms of hate speech and emphasise the free expression of ideas.

“Hate speech during political campaigns is qualified to be an electoral offence triable under the Electoral Offences Tribunal, the advocacy should be to bring it within the framework of the Electoral Offences Act so that perpetrators can be triable.

“If the menace of hate speech is not checked, it could derail the electoral process. Those that engage in hate speech are enemies of the country. Government should clampdown on platforms that are used to promote hate speech, be it a Television or radio station or print media, the social should be regulated”.

 

COLLECTIVE APPROACH NEEDED

On his part, the National Chairman, Inter-Party Advisory Committee (IPAC), Yabagi Sani, called for a collective approach to checking the menace.

He warned that if the current democracy fails, the citizens will be the greatest losers.

His words, “Democracy is not about abusing each other, it’s about persuading people to understand your point of view. So, anybody engaging in hate speech or anything that will heat the polity, is not what we want to condone. And within Committee we are talking to them, like I will always say, if our democracy fails, we’re the biggest losers”.

Lawyers, last Thursday, dissected the judicial reform component of the manifesto of the presidential candidate of the All Progressives Congress (APC). They concluded that the proposals contained therein were well-thought-out initiatives with the capacity to revolutionise the nation’s justice delivery system, ERIC IKHILAE reports.

Among the political parties contesting next year’s presidential election, the All Progressives Congress (APC) appears to be the only one with a clear picture of the Judiciary it hopes to work with if its candidate, Asiwaju Bola Tinubu becomes the next president.

This indication is contained in the manifesto it recently released.

The manifesto

The manifesto, titled: “Renewed Hope 2023 – Action Plan for a Better Nigeria”, has a section devoted to judicial reform. It is titled: “Judicial reform: growth and investment encouraged by the rule of law.”

The reform initiatives, as stated in the manifesto, would be hinged on four key pillars, to be driven by some specific policy proposals.

The planned judicial reform, it was explained, is informed by the realisation that economic growth is neither sustainable nor equitable without the rule of law.

The reform, it was further explained, was informed by the belief that a well-functioning judicial system enables the state to regulate the economy prudently and impartially, knowing that “when laws and legal institutions operate effectively and fairly, the end products are investment, jobs, and the creation of wealth.”

The four pillars

According to the APC, the four pillars on which its planned judicial reform is hinged are judicial independence and integrity; respect for rule of law; access to justice, and equality before the law.

On the first pillar, the party plans to institute far-reaching reforms directed at ensuring financial independence, impartiality, effectiveness and integrity of the judicial arm of government.

The party assured, concerning the second pillar, that the government at the centre will operate on the premise that the rule of law is paramount.

It also plans to ensure that the nation’s “legal framework is appropriate for the type of society we seek to build – a society that is fair and which provides enforceable rights to all Nigerians.”

Realising that without access to justice, all laws and legal institutions are rendered meaningless, the party says it plans to ensure that justice is not available to only a few, but to all.

In ensuring that all citizens are treated equally before the law, the party said it would institute measures to ensure that all Nigerians are accorded equal treatment under the law.

Policy proposals

Some of the specific policy proposals to drive the reform, the party said, include a structural review of the judiciary; judicial autonomy and independence; legislative review; judicial discipline and the decongestion and digitalisation of trial courts.

The party said it plans to work with the National Judicial Council (NJC), state governments and other stakeholders in the Judiciary and the legal profession to come up with a committee to review. The committee will make recommendations on reforming the structure of the judicial system to better position the courts to function more efficiently and virtuously as the third co-equal arm of government.

Noting that a fundamental challenge of the nation’s legal system is the continued existence of antiquated or ill-fitting laws and regulations, the party said the Tinubu presidency would review and make recommendations to the Legislature to amend or repeal outdated laws, to be replaced with new laws and regulations, more suitable for 21st century Nigeria.

The party said it plans to take necessary steps to guarantee the financial and administrative independence of the Judiciary, in addition to enhancing the welfare and remuneration of federal judicial officers.

The APC has equally assured that under Tinubu, the Judiciary and legal sector would be encouraged to strengthen their disciplinary and integrity monitoring mechanisms such that corrupt and incompetent judicial officials and legal practitioners are identified and adequately disciplined.

It added that it would ensure a review of the mandate and composition of the NJC “to make it tougher and more effective in dealing with corruption, malpractice and incompetence in the administration of justice.”

The party is also promising to ensure that “the scope of the NJC’s mandate will be limited to federal courts.”

To decongest and digitise trial courts, to improve access to speedy and effective justice, the Tinubu presidency plans to increase the number of trial courts at the federal level; appoint enough judges to staff them and create specialised federal courts, staffed with well-trained judges to focus on niche areas of law and encourage specialisation among judges.

There is also a plan to allocate funds for the digitisation of court processes “to ensure that cases are handled more efficiently by trial courts while also contributing to greater speed and efficiency of the process of appeal.”

Our view, by lawyers

At a gathering in Abuja last Thursday, lawyers dissected the planned judicial reform initiatives.

The lawyers are Hassan Liman (SAN), Babatunde Ogala (SAN), Vincent Essien, Patrick Eze and Abraham Paul.

The lawyers discussed the sub-theme: “The Tinubu judicial and law reforms for Nigeria,” at a one-day symposium on: “Dissecting the Asiwaju Manifesto – Renewed Hope 2023: Action Plan for a better Nigeria,” organised by the APC Professionals Forum (APC- PF).

Liman, Ogala, Essien, Eze and Paul argued that by the manifesto, the APC planned to effect robust reform initiatives in the Judiciary to ensure efficiency and promote the rule of law, so as to encourage growth and investment.

Ogala, a former member of the Lagos State House of Assembly, argued that Tinubu possesses the capacity to carry through the reforms he is planning for the Judiciary having done the same as the Governor of Lagos State.

He spoke about how Tinubu improved all aspects of the state’s Judiciary, including infrastructure development, staff welfare, the introduction of technologies, increasing access to justice for the indigents (with the creation of the Office of the Public Defender) and the adoption of alternative dispute resolution mechanisms (with the Lagos Multi-Door Courthouse initiative).

Ogala, a former National Legal Adviser to the APC, stated that the main objective behind the planned reform is to create an environment where the judicial process would drive the economy itself.

“Everything that we have talked about here, from infrastructure to security, all boils down to the economic prosperity of Nigeria and Nigerians.

“And, without enabling laws, without the rules, you can be sure that nothing will get done.

“Even in security, there are rules of engagement. Investors, without the rule of law, will not come. For the local businessmen, they will not invest,” Ogala said.

He noted that the perception that the Judiciary is corrupt, which has impacted public confidence in the system, could be reversed with appropriate policy decisions.

Ogala, whose wife is a judge of the High Court of Lagos State, spoke about how the welfare and work conditions of judges in Lagos have continued to improve since Tinubu’s days as the state governor.

He said: “Even though the NJC is responsible for the payment of judges’ salaries, in Lagos, the moment you are appointed a judge of the High Court of Lagos State, the first things you get are your car key and the key to your house, which is a minimum of a duplex.

“And those houses are not official quarters, they are yours for life, you retire and you go with that property.

“So, there is no judge who would retire in Lagos, who would not have a permanent home thereafter.

“What does that do? Confidence. It reduces corruption. It reduces the temptation to do that which you ought not to do,” Ogala said.

Liman, who is Legal Director, APC Presidential Campaign Council (PCC), noted that the proposal to limit the NJC’s powers to federal courts was a way of enhancing the independence of the state courts in line with the principles of federalism.

Represented by Dr. Sirajo Yakubu of the Nile University, Liman hailed Tinubu and his team for the initiative, noting that it was a testimony to his credential as a champion of rule of law and judicial independence.

He added: “The country is delineated – administratively and politically – into three tiers. That is the Federal Government, State Government and Local Government.

“Each of these governments is distinct from each other, with distinct powers, even though there is the Concurrent List where the federal and state governments have some common powers.

“When it comes to the appointment and discipline of judges, everything is handled by a single federal body, which is the NJC.

“By this arrangement, state Judiciary, although independent in relation to the state government, is being subordinated to a federal body.

“This reform initiative will allow states’ chief judges and their Judiciary to take care of themselves.

“This is a great thought. It takes a great man and a great team to think this way. It shows that our candidate is the champion of the rule of law,” Liman said.

Essien, a Lagos-based lawyer and member of the Board of Trustees (BOT) APC-PF, noted that Lagos today, remains the most advanced legal jurisdiction in Nigeria because of the extensive reforms carried out in the Lagos Judiciary, “commencing from 1999 when Asiwaju became the governor of Lagos State.”

Eze, who is also a member of the BOT of the APC-PF, hailed the planned separation of the offices of the Attorney-General of the Federation (AGF) and the Minister of Justice.

He cited examples from developed democracies, like the United States, where the offices are separated.

Eze noted that a similar thing has been done in the finance sector where the office of the Accountant-General of the Federation is separate from that of the Auditor General of the Federation.

Eze argued that such a reform, when effected, would engender effectiveness in the sector.

Paul, a Kaduna-based lawyer, spoke on the the planned reforms which concerned the creation of specialised courts.

He hailed the initiative, which he assured would reduce delay, and ensure the effective operation of the courts, to achieve speedy justice delivery.