The frivolous petition bill is a threat to freedom of expression

The frivolous petition bill is a threat to freedom of expression

The following was contributed by ASFL local coordinator Abayomi Odewale

The frivolous petition bill is a threat to freedom of expression.

The frivolous petition bill is a threat to freedom of expression.

The passage of Freedom of Information Bill, by Nigerian National Assembly on May 28, 2011 was signed by former President Jonathan on May 28, 2011. The approval was greeted with encomiums from everyone –journalists, bloggers, editors, and freelancers, who sensed that the approval would avail public records and information to all and sundry. And of course, it was necessary in a true democratic space.

The FOI Act is to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters.

But there seems to be a twist to this act, with the wake of recent events in the country. The Nigerian Senate has just proposed a 2-year jail term for offenders of abusive statements on social media. The bill, seeking a two-year jail term for any person who makes allegation or publishes any statement or petition in the newspaper, radio or medium of whatever description against another person, institutions of government or any public office holder, has just passed second reading in the Red Chamber.

The bill also prescribed that anybody or group of persons who sends any false text message or post false message on the social media against another person shall be jailed for two years upon conviction by the law court.

The bill, tagged: “A Bill for an Act to Prohibit Frivolous Petitions and other Matters Connected therewith”, sponsored by Senator Ibn Na’Allah, compels petitioners to accompany their petitions with sworn court affidavit, failure of which attracts a six- month imprisonment upon conviction.

On the social media, the bill reads: “Where any person through text message, tweets, WhatsApp or through any social media post any abusive statement knowing same to be false with intent to set the public against any person and group of persons, an institution of government or such other bodies established by law shall be guilty of an offence and upon conviction, shall be liable to an imprisonment for two years or a fine of two million Naira or both fine and imprisonment.”

The bill said it shall be an offence for any petition to be submitted without a sworn affidavit from the law court.

Everything is wrong with this law. It is a major setback in a sane society. The bill which seeks to regulate and filter activities of the citizenry on online platforms is denying them of right to self-expressions. It is dictatorial, unethical and capable of dislodging the country’s fragile democratic foundation.

Besides the 1993 elections that’s adjudged Nigeria’s ever first freest and fairest elections, the success of 2015 general elections was corroborated with efforts of Nigerians on the cyber space. Effective usage of social media tools by young Nigerians averted atrocities initiated by die-hard politicians. Timely updates on crises that could have marred the elections which were hitherto hidden in the absence of social media were revealed. These politicians, it could be said, rode to power through social media propaganda and campaigns. Without mincing words, social media remains a potent weapon to assess governance structure, practices and policies.

Acquiring sworn affidavit before petitioning public holders sounds illogical. It portrays selfish agenda of the leaders to centralize people’s opinions and thrash out information querying their stewardships. Taking permission to speak up against societal vices is a threat to freedom of expression.

One of the pillars of a free society is ‘’the rights of individuals to unrestricted freedom of speech, freedom of the press and the right of individuals to dissent from government itself” Dissent from obnoxious government policies that violates human rights is widely encouraged.

As the world marks the Human Rights Day, it is expedient for Nigerians, and African freedom fighters to say no to the anti-freedom bill. The proposed bill lives up to its name; a frivolous petition.


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