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Outcry over Bill Seeking Death Penalty for Hate Speech

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A bill that seeks death penalty and the establishment of an agency to check hate speech, has sparked varied assortments of condemnations from Nigerians with some describing it as draconian

 

The National Commission for the Prohibition of Hate Speeches (Estb., etc) Bill 2019, is a bill seeking death by hanging for anyone found guilty of any form of hate speech that results in the death of another person.

 

Under the proposed law, offenders are also either liable to 10 years jail term or payment of N10m fine.

 

An offender, according to the bill is, “a person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and or visual.

 

The bill sponsored by , Sabi Abdullahi, a former Senate spokesperson, who is now the deputy Senate Whip, had suffered a setback for some unknown reasons.

 

But in a new development, the bill was on Tuesday, November 12, read for the first time at the senate.

 

It stated that such individuals had committed an offence if they intended  to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or persons from such an ethnic group in Nigeria.

 

“Any person who commits an offence under this section shall be liable to life imprisonment and where the act causes any loss of life,  the person shall be punished with death by hanging,” it added.

 

Offenders liable to a 10-year jail term or that risk N10m fine are those who stir ethnic hatred by their speeches.

 

The bill states, “In this section (3), ethnic hatred means hatred against a group of persons from any ethical group indigenous to Nigeria.

 

“A person subjects another to harassment on the basis of ethnicity for the purposes of this section where on ethnic grounds, he justifiably engages in a conduct which has the purpose or effect of violating that other person’s dignity or creates 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 circumstances, including in particular the perception of that  person.

 

“A person who subjects another to harassment on the basis of ethnicity commits an offence and shall be liable on conviction to an imprisonment for a term not less than 10 years, or to a fine of not less than N10m, or to both.

 

“Any person who knowingly utters words to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to imprisonment for a term not less than five years, or to a fine of not less than N10m or to both.

 

“A person victimises another if in any circumstance relevant for the purpose of this Act, the person does any act that is injurious to the wellbeing and esteem of another person by  treating the person to less favourably than, in those circumstances.”

 

The bill added that,  where the  offenders are a corporate organisation, every director, trustee and officer of that body corporate shall also be deemed to be guilty of the offence.

 

In a swift reaction, Mr Raphael Adebayo, convener, Free Nigeria Movement, said his organisation would mobilise Nigerians to resist the proposed anti-hate speech bill.

 

The activist described the planned anti-hate speech commission as an attempt to muzzle Nigerians and deprive the citizens of their rights.

 

Adedayo admonished Nigerians to rise up and oppose the bill, which he said was designed to take way the people’s liberty and constitutional rights, adding that the nation could not allow the National Assembly to pass “this tyrannical legislation.”

 

Also,  former Vice-President, Atiku Abubakar, on Tuesday said  the bill was an abuse of the legislative process, adding  that it would violate Nigerians’ constitutionally guaranteed right to freedom of speech.

 

He said in a statement by his Media Adviser, Mr. Paul Ibe, that it was prudent to build upon the tolerance inherited from those years and not shrink the democratic space to satisfy personal and group interests.

 

He said, “Atiku  wishes to sound a note of caution to those now toying with the idea of an anti-hate Speech Bill, with punishment for supposed hate speech to be death by hanging. The contemplation of such laws is in itself not just hate speech, but an abuse of the legislative process that will violate Nigerians’ constitutionally guaranteed right to Freedom of Speech.

 

The Nigerian Bar Association (NBA) said  that the newly introduced bill could not be justified in a democracy.

 

The association, in a statement sent to The PUNCH by its National Publicity Secretary, Mr. Kunle Edun, on Tuesday, cautioned the Senate to “tread carefully” with the bill.

 

It also reminded the Senate that section 39(3) of the Constitution had made it mandatory that no law could abrogate the rights of Nigerians to exercise their right to freedom of speech.

 

It stated, “We therefore, strongly advise that the Senate should tread carefully on this bill.

 

“Section 39(3) of the Constitution makes it mandatory that no law can abrogate the rights of Nigerians to exercise their right to freedom of speech except if such law can be reasonably justified in a democratic society. “Can a Hate Bill be reasonably justified in a democratic society?”

 

The NBA said with the nation already grappling with wanton arrest and prosecution of citizens from treasonable felony after expressing their opinions, there might not be any guarantee that the bill when signed into law would not be used to harass those  exercising their right to free speech.

 

It noted that while the right to freedom of expression was not absolute, there were enough laws in Nigeria to tackle the excesses, implying that there was no need for the proposed law.

 

Also, Chief Ifedayo Adedipe, Senior Advocate of Nigeria, condemned the bill and called on Nigerians to resist it. The SAN described the bill as an extension of rights abuses under the All Progressives Congress  government.

 


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SERAP Urges Tinubu to Reverse Petrol Price Hike Pending Court Verdict

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Socio-Economic Rights and Accountability Project has urged President Bola Tinubu to direct the Nigerian National Petroleum Company Limited to immediately reverse the second increase in petrol prices in one month, pending the hearing and determination of the suit before the Federal High Court, Abuja challenging the legality of the powers of the NNPCL to increase petrol prices.

According to a statement on Sunday by SERAP Deputy Director, Kolawole Oluwadare, the organisation had last month filed a lawsuit against the President and NNPCL “over the failure to reverse the unlawful increase in the pump price of petrol, and to probe the allegations of corruption and mismanagement in the NNPCL.”

The statement read, “The latest increase in petrol prices makes a mockery of the case pending before the Federal High Court, and creates a risk that the course of justice will be seriously impeded or prejudiced in this case.

“One of the fundamental principles of the rule of law is that it applies to everyone, including presidents and CEOs of public institutions.

“It is in the public interest to keep the streams of justice clear and pure, and to maintain the authority and integrity of the court in the case.”

SERAP also said allowing the Federal High Court to hear and determine the case would be entirely consistent with the letter and spirit of the Nigerian Constitution 1999 [as amended], “your oath of office and oft-repeated promises to uphold the rule of law.”

The letter, read in part, “SERAP notes that since assumption of office in May 2023 you have repeatedly promised, including in your inaugural speech, that ‘Nigeria will be impartially governed according to the Constitution and the rule of law.’

“Increasing petrol prices while the Federal High Court case is pending would prejudice and undermine the ability of the court to do justice in the case, damage public confidence in the court, prejudice the outcome of the case, as well as impede the course of justice.

“We would be grateful if the recommended measures are immediately taken following the receipt and/or publication of this letter, failing which SERAP shall consider contempt proceedings and/or other appropriate legal actions to compel your government and NNPCL to comply with our request in the public interest.”

SERAP also warned that if not immediately reversed, the latest increase in petrol prices would seriously undermine the integrity of the Nigerian Constitution and have serious consequences for the most vulnerable and disadvantaged Nigerians and the public interest.

“Protecting the right to a judicial recourse and due administration of justice is of utmost importance, being the cornerstone of an ordered society.

“The only way in which SERAP can have a fair and effective access to justice in this matter is to allow the court to decide, one way or the other, on the merits of the case before it.

“Reversing the latest increase in petrol prices would allow the court to render a decision on the central issues in the case, and protect the applicant’s rights and interests.

“The latest increase in petrol prices while the Federal High Court case is pending constitutes an interference with the right of SERAP to fairly and effectively pursue a judicial challenge to the decision by your government and NNPCL regarding the first increase in petrol prices” the statement added.

SERAP noted that according to its information, the Nigerian National Petroleum Company Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets, saying that the retail price of petrol was increased from N897 to N1,030 per litre.

“This is the second increase in one month, and followed the increase in September from N600 to N855 per litre, and in some instances above N900 per litre.”

“The two increases followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

“According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit over USD$2 billion and N164 billion of oil revenues into the Federation Account. The Auditor-General fears that the money may have been diverted into private pockets.

“The NNPCL reportedly failed and/or refused to remit N151,121,999,966. The NNPCL, without any justification, deducted the money from the oil royalties assessed for 2020 by the Department of Petroleum Resources, now Nigerian Upstream Petroleum Regulatory Commission (NUPRC).”

It added that the NNPCL has failed to account for the missing public funds, pointing out that the Auditor-General wants the money recovered and remitted into the Federation Account.

“The NNPCL also failed to remit USD$19,774,488.15 collected as government revenue to the Federation Account. The Auditor-General wants the NNPCL to account for the money, recover and remit it into the Federation Account, and to hand over those suspected to be involved to the ICPC and the EFCC.”

“The Nigerian Petroleum Development Company (NPDC) Ltd also reportedly failed to account for USD$2,021,411,877.47 and N13,313,565,786.49 of royalties collected from crude oil and gas sales and gas flare.”

“The Auditor-General wants the public funds fully recovered and remitted into the Federation Account and for those suspected to be responsible for the missing public funds to be handed over to the ICPC and the EFCC.”

“SERAP last month filed a lawsuit asking your government and NNPCL challenging the lawfulness of the increase in the pump price of petrol, and the failure to probe the allegations of corruption and mismanagement in the NNPCL.”

SERAP stressed that increasing petrol prices would compromise the interest of the Applicant in the Federal High Court case filed against the federal government and the NNPCL, as the second increase in one month directly touches on the central issues and the legality of the first increase, which the court is set to determine and rule upon.

“The core of the principle of judicial independence is the complete liberty of the judge to hear and decide the cases before them based on facts and in accordance with the law, without any improper interference, direct or indirect,” SERAP averred.


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Experts @ NFW24 Urge Africa to Be Involved in Formulating AI Governance

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At the Nigeria Fintech Week 2024, experts and stakeholders urged Africa to become intricately involved in formulating AI governance, ensuring the continent is not left behind in the global discourse to regulate and innovate while asserting its voice in the international dialogue on AI regulations.

Artificial intelligence is advancing across the globe, and Africa cannot afford to remain silent on regulation. This was stressed during a panel session titled “Global Al Regulation: The Role of Africa and the Global South,” moderated by Oremeyi Akah, Chief Customer Experience Officer at Interswitch.

Oremeyi Akah opened the discussion, stating that “The global conversation has largely focused on AI and its development, but we believe it’s time for Africa and the global South to take its place at the table and begin to drive conversations that focus on our own local context and reality. I’m a big fan of Africa, and I believe that Africa has huge potential. However, Africans cannot afford to stay silent at this time of such relevant and edge-cutting technologies.

“Africa is home to the highest concentration of workforce now and projected into the future. So definitely, we cannot just sit, however technology goes; we must be relevantly driving and participating in the conversation.”

Bola Adesina, Director at Bola Adesina Consulting, further reiterated the need for African nations to take part in global discussions. “For me, this is the first time I can say we’re all starting from the same point. In the West, they have the funds and resources, but I believe now is an amazing time in Africa’s history to actually make itself known and create functional discussions around AI,” she said.

Adesina pointed out that Africa has been excluded from important discussions about AI governance. “While the concept of AI has advanced, research from Africa has largely been overlooked. We need to prioritize the voices of minorities and establish regulations not just from governments but also from institutions and the international community. We are here, and we must be included in these conversations.”

Laylaa Okike, Chief Commercial Officer for Africa at Traderoot, also addressed the importance of inclusivity in AI regulations. “What comes to mind is the need for inclusivity in our considerations,” she said. “Given our context and diverse experiences, I believe we should focus on three key aspects including diverse representation, cultural context, as well as access and equity. If we approach it this way, we can discuss global adoption in a similar manner.”

Adetoyese Adedokun, Director at Maycode, added another perspective, noting the unique opportunity for Africa to establish its own AI regulations. “We must recognize that while there are elements that can be beneficial in existing solutions, we also have the chance to create African-centric opportunities. This can be costly, but it brings huge opportunities for businesses,” he explained.

Ikem Isiekwena, Managing Partner at SimmonsCooper Partners, provided historical context by referencing a past Congress to illustrate the ongoing challenges in the regulatory sector. “The concept that the Global North has a complete understanding of AI is not necessarily accurate. They are still learning because AI requires huge amounts of data,” he explained.

“Consider the energy resources needed to power AI and the massive data centres where this processing takes place. We are discussing the importance of energy efficiency in this context.”

The panellists stressed the urgent need for collaboration among African nations to create a unified regulatory framework.

Africa has an unignorable role to play in the global AI conversation, particularly as the continent thrives to overcome the challenges and opportunities presented by this technology.

“The continent must participate in shaping the future of AI governance to ensure that its unique context and local needs are integrated into the global discourse.”


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Banks, Multinationals Paid $700Bn Fines for Regulatory Infractions

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The world’s largest corporations have paid $700 billion in monetary penalties linked to regulatory infringements in 45 countries since 2010, according to Violation Tracker Global, a new database created by the U.S. non-governmental organization Good Jobs First.

Banks, Multinationals Paid $700Bn Fines for Regulatory Infractions

Major banks, especially those based in the USA and Europe, account for more than one-third of the penalties.

Ninety-five parent companies have received $1bn or more in penalties.

Violation Tracker Global, which builds on previous databases focused on the U.S. and U.K., provides free access to information on corporate misconduct and regulatory infringements worldwide.

“Violation Tracker Global documents a broad spectrum of misconduct by multinational corporations in their global operations,” said Philip Mattera, director of the Violation Tracker project.

“We hope this tool will support corporate accountability initiatives in various countries, including the EU’s Corporate Sustainability Due Diligence Directive,” he added.

Violation Tracker Global documents over 50,000 regulatory penalties imposed on 1,600 multinational corporations and their subsidiaries by 700 regulatory agencies and courts in the world’s largest economies in both the Global North and the Global South

The cases in Violation Tracker Global are divided into eight broad offense groups: Competition/Antitrust, Consumer Protection, Employment, Environment, Financial, Government Contracting, Healthcare, and Safety.

Each entry is also tagged with one of about 100 more specific offense categories, such as privacy/data protection violations, bribery, money laundering, and workplace safety. Some countries do not disclose data in all these categories.

Entries include additional details, such as a description of the offense, the monetary penalty (both in the original currency and the equivalent in U.S. dollars), and a link back to the information source, which in most cases is the website of the regulatory agency.

The report lists all the countries and jurisdictions covered by Violation Tracker Global, including: Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Czech Republic, Denmark, the European Commission, the European Free Trade Association, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Kenya, Malaysia, Mexico, the Netherlands, New Zealand, Nigeria, Norway, Poland, Portugal, Romania, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, the United Kingdom, the USA, and Vietnam.

Additionally, bribery cases from the African Development Bank, the Inter-American Development Bank, and the World Bank are also included.

 

 

 

 


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