By Chibuike Nwabuko
Abuja (Sundiata Post) – Since the announcement by Vice President Yemi Osinbanjo that hate speech will be treated as a terrorist act, the public debates have revolved around it and Nigerians have been divided either in support or against it.
But an understanding of hate speech and what constitutes hate speech on one hand and the meaning of terrorism on the other, will help us make informed decision as to the acceptability or otherwise of criminalizing or making hate speech a terrorist act.
While hate speech is a statement that attacks, threatens, or insults a person or group on the basis of national origin, ethnicity, color, religion, gender, identity, sexual orientation, or disability. It includes speech disparaging a racial, sexual, or ethnic group or a member of such a group.
Terrorism is defined popularly as the unlawful use of violence or intimidation against individuals or groups especially for political ends.
Terrorism (Prevention) Act 2011 (as amended), defined terrorism as an act which is deliberately done with malice which may seriously harm or damage a country or seriously intimidate a population.
Like the Acting President said, “The intimidation of a population by words is an act of terrorism”, and he said that consequences will follow it. Population in this context becomes ambiguous. Group of people in a political party can be called a population.
Preident of the Senate, Dr Bukola Saraki, has also given an indication that the upper chamber would speed up the passage of the Anti-Hate Speech and the Anti-Jungle Justice Bills as soon as they are presented to the parliament at resumption next month.
He said the Senate would give the two bills an accelerated consideration in a bid to stem the rising cases of hate speech and jungle justice across the country.
While many believe that making hate speech a terrorist act is a dangerous path to go, others are of the view that it is a good step in the right direction, especially in view of the current agitations in the country.
However, before making hate speech a terrorist act, efforts must be made to explicitly: stipulate what constitutes hate speech; method of enforcement should be handled by unbiased judicial umpire, in this case, by the Attorney General of the Federation distinct from Minister of Justice who is seen to work in the whims and caprices of the executive.
This law if necessary should not be hurriedly passed until appropriate steps and amendments are made, like the separation of the office of the Attorney General of the Federation from the Minister of Justice. Such that the Attorney General who will have no political interest will look at the issue without bias.
Also, the law has be framed such that it will not impinge the fundamental human rights of freedom speech; freedom to hold government accountable by constructive criticisms; it should not be used to gag citizens.
It is therefore imperative to consult widely, discuss the issues extensively with all the stakeholders, make proper institutional adjustments before taking a step in this regard, so as not to make legislations that will further imprison Nigerians.