A new bill has been proposed by the Nigerian Senate stating that anyone found
guilty of whatever form of hate speech that results in the death of someone else shall die by hanging upon conviction.
The bill, which reflects the growing concern over the spate of
violence in the nation, was sponsored by the spokesman of the upper
chamber, Senator Aliyu Sabi Abdullahi (APC, Niger).
It also seeks the establishment of an ‘Independent National
Commission for Hate Speeches’, which shall enforce hate speech laws
across the country, ensure the elimination of the menace and advise the
Federal Government.
For offences such as harassment on the grounds of ethnicity or racial
contempt, a culprit shall be sentenced to “not less than a five-year
jail term or a fine of not less than N10 million or both.”
The bill notes: “A person who uses, publishes, presents, produces,
plays, provides, distributes and/or directs the performance of any
material, written and/or visual, which is threatening, abusive or
insulting or involves the use of threatening, abusive or insulting words
or behaviour, commits an offence, if such person intends thereby to
stir up ethnic hatred, or having regard to all the circumstances, ethnic
hatred is likely to be stirred up against any person or person from
such an ethnic group in Nigeria.”
It notes that “a person subjects another to harassment on the basis
of ethnicity for the purposes of this section where, on ethnic grounds,
he unjustifiably engages in a conduct which has the purpose or effect of
(a) violating that other person’s dignity or (b) creating an
intimidating, hostile, degrading, humiliating or offensive environment
for the person subjected to the harassment.
“Conduct shall be regarded as having the effect specified in
subsection (1) (a) or (b) of this section if, having regard to all the
circumstances, including in particular the perception of that other
person, it should reasonably be considered as having that effect.”The
National Commission for Hate Speeches shall be headed by an executive
chairperson who would be appointed by the president on recommendation of
the National Council of State, subject to the confirmation of at least
two-third majority of the National Assembly.
“The commission shall discourage persons, institutions, political
parties and associations from advocating or promoting discrimination or
discriminatory practices through the use of hate speeches; promote
tolerance, understanding and acceptance of diversity in all aspects of
national life and encourage full participation by all ethnic communities
in the social, economic, cultural and political life of other
communities. It shall also plan, supervise, coordinate and promote
educational and training programmes to create public awareness, support
and advancement of peace and harmony among ethnic communities and racial
groups.
“It shall furthermore promote respect for religiouss, cultural,
linguistic and other forms of diversity in a plural society; promote
equal access by persons of all ethnic communities and racial groups to
public or other services and facilities provided by the government.