First,
I do not agree on the concept of hate speeches. The Constitution in
section 39 has granted an unqualified freedom of expression to every
citizen. If any speech made has violated anybody's legal rights at all,
there is the extant common law remedy of libel actions for damages in
civil cases and criminal libel in criminal cases.
Recently,
it has now become common place for government and government officials
to seek to gag the people by seeking all manner of restraint of the
freedom of speech. To that extent, I do not agree with the Acting
President on the concept of hate speeches as terrorism. Every citizen
should be allowed the freedom of expression under the law.
Secondly,
I believe that the National Assembly lacks the legal competence in law
to pass into law any bill seeking to gag citizens. Such a law, if ever
passed, will run counter to section 1 of the 1999 Constitution which has
declared the constitution to be the supreme law. Any law capable of
hindering the freedom of expression granted under section 39 of the 1999
Constitution and the African Charter will be illegal and
unconstitutional. To that extent, the National Assembly has no power to
make any law that will violate the constitution. It is ultra vires.
It
is in the light of the above that I find it difficult to agree with
this current government declaration that there is need for a new law to
regulate what people term as hate speeches. This is just an attempt by
the ruling Apc government to gag citizens and if such law is ever
passed, we shall challenge it in court.
Thank you.
Ebun-olu Adegboruwa, Esq.
Lekki, Lagos.
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Politics