Saturday 26 March 2016

Dead-on-Arrival Anti-Social Media Bill Still Kicking In Nigeria's Senate. By Caleb Jarikre.

Senate President, Bukola Saraki.




Lovers of freedom, including social media activists and rights groups, cannot afford to let down guard on their stout opposition to the proposed anti-social media bill sponsored by Senator Bala Ibn Na’Allah (APC Kebbi South), and clearly designed to censor and limit freedom of expression in Nigeria. 

To quell our agitation, and lull us into a false sense of security, the Senate President, Bukola Saraki has described the obnoxious bill as “dead-on-arrival.” But it would be a huge mistake to take his assurance as a settled deal, and go to sleep. Rather than being withdrawn, work has continued earnestly on the bill. While we wish it could just fade away like a bad dream, it has garnered support from serious stakeholders in the polity. 

At a public forum in Abuja, two weeks ago, to discuss the bill, the Chief Justice of Nigeria, Mahmud Mohammed threw his considerable weight behind the proposed law, saying that both corporate bodies and individuals needed to be safeguarded against misinformation and frivolous accusation.
He said, “The very use of the word, frivolous, it connotes unseriousness, ill-motivation and ( is) suggestive of bad faith which is not within the contemplation of the constitutional provision of freedom of expression.”

When an individual of immense gravity like Nigeria’s Chief Justice who is supposed to be an impartial arbiter, shows his open support for a proposed legislation that has generated controversy and anger, no one needs to be told on the side of civil society groups they should be vigilant and cautious. 

Certain power-brokers in this country meant business concerning the passage of this sinister bill. Lai Mohammed, the country’s Information minister, has never hidden his obsession to regulate the social media in whatever way he could. Aware of how APC, of which he was the propaganda wizard, deployed its use to abuse, castigate and demonize the former president, Goodluck Jonathan with impunity in their bid to capture power – without suffering retaliation from the latter – the ruling government is now afraid the tables would be turned against them with the social media tactics unleashed earlier by Lai Mohammed’s e-squads.

Indeed, no totalitarian, insecure ruler would be comfortable with the free-wheeling, mobile technology of social media which has empowered many who hitherto were voiceless. With your laptop or smart-phone, and internet data in place – provided that PCHN is generous with electricity supply or you have the scarce commodity of petrol in your Generator – you are good to go! Having done your research, investigation or inquisition, you can write, edit and press the “publish” button. To inform, advocate and entertain. With no one else but your conscience, personal integrity and value system acting as gate-keepers! 

To a professed “born-again democrat” like President Muhammed Buhari for which no evidence exists that he is weaned from his old dictatorial, draconian ways, the seemingly unrestrained terrain of social media is a claw in the throat. Though he has tried to distance himself from the anti-social media so that he would not be seen as attempting to resurrect the ghost of Decree 4, it’s foolishness to take his protestation of innocence beyond its face value. 

Through his spokesman, Mallam Garba Shehu, the president had said in December 2015 that the principle of the bill was inconsistent with the democratic ideals of free speech enshrined in the constitution of the land. In his words, “The President won’t assent to any legislation that may be inconsistent with the constitution of Nigeria.” Gauging correctly the mood of the country, the president also acknowledged: “As a key component of democratic principles, Nigerians are so emotionally attached to free speech that they would defend it with all their might.”

At a high-profile social media confab, Social Media Week Lagos, last month, the Senate President, Bukola Saraki, also spoke to social media activists in a seemingly harmless tone. “ As far as I am concerned, we are all on the same side. I strongly believe that there is a role of the social media platform in our governance. You’ve helped in the election, you’ve helped in improving governance. So I don’t think there is anybody who will want to ensure you don’t play that role,” he said.

But, understandably, concerns refuse to go away that the bill will introduce possible draconian punishment for writing or saying anything online that is interpreted by officialdom to be wrong or frivolous.

An internet activist, Gbenga Sesan, has described the bill as “vaguely worded, misguided legislation.”

Now the bill, officially titled, “An act to prohibit frivolous petitions; and other matters connected therewith” has been attacked and questioned by indignant activists as a way to severely punish anyone who dares to show dissent online against government. With its disproportionate and obtuse restrictions, if the bill is allowed to pass, anyone convicted under it faces jail time and fines of up to 2 million naira. ($10,000)

Have the social media platforms been proved to play influential role to drive change and transparency in our elections so far? Undoubtedly. It is also true that social media has helped to improve governance at every level. Administrators are kept on their toes, as they have to constantly watch over their back against whistleblowers blowing their cover.  Yet the political elite’s concerns are misplaced that the millions of people in Nigeria on social media will abuse those platforms in attacking government agencies and individual politicians. 

It cannot be denied that social media has given millions of Nigerians unprecedented freedom of expression that government finds difficult to control. Government in Nigeria should not be afraid, but rather should aim to be transparent in their dealings, which will fall squarely in line with the country’s current fight against corruption. It’s only those who have things to hide that should be afraid of being exposed. Instead of feeling insecure and frustrated that they are placed under undue scrutiny, those in government at any level or branch should learn to sublimate their frustration under the assumption that as leaders, they should take not only the applause, but the barbs as well.  They have the power and the glory. Do they want to take our voice as well? No way!

Seriously, any discussion on the bill should cease forthwith as it has a sinister and diversionary agenda. As a country with different ethnic nations striving to work with a united purpose, we cannot pretend that we have divergent values and beliefs, along religious and cultural lines. By the way, who is going to define what is frivolous? If I dare raise my voice to question that the presidency appears to have selective memory as nothing has been heard from Buhari since the horrendous Agatu killings by Fulani herdsmen, would that be termed frivolous? If I take my pen to criticize El’Rufai. Governor of Kaduna, for having the reckless audacity to persecute Christians in his misguided attempt to give a one-year renewable licence for anyone to preach the gospel anywhere in his state, an undeniable affront and contravention of the holy command of Jesus Christ – it is unimaginable abomination to take permission from any man, governor or king, in order to preach the gospel – would I be convicted for frivolous accusation?

 If I raised a question why soldiers should humiliate and brutalize arm-less and defenceless aged women in Eku, Delta State for protesting the alleged stealing and seizure of their community land, would I be charged for frivolity in my petition?  If I take my pen today to write a blistering tirade against Babatunde (Superman) Fashola’s inability to fix the country’s electricity problem within six months – a feat that does not require an expertise in rocket science – knowing the lack of electricity supply is breeding laziness and poverty, killing innovation and destroying the spirit of enterprise, would I be convicted for frivolous writing online?

Frankly, enough said, but I’m getting in touch respectfully with my capable Senator Ovie Omo-Agege (Delta Central) to distance himself from this mischievous bill, or we will wait for him during the next election. It’s that serious!

Senator Ovie Omo-Agege.





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