Jail Time for Nigerian Free Speech

Or… you can instead call it my ‘Sunday Post’.

A number of disturbing news features arose during the last few days which gave me pause for thought.

One in particular was from Business Elites Africa, though there have been many on a theme.

It seems like in Nigeria, President Tinubu has initiated the process of passing a bizarre new law.

The bill is said to include a 10-year prison sentence and a fine of 5 million Naira for anyone who refuses to sing the national anthem.

This one is a bit strange in of itself, since an initial national anthem “Nigeria, We Hail Thee” was first replaced a very long time ago.  The lyrics were written by Lilian Jean Williams, and the music composed by Frances Brenda in 1959. It first saw use in 1960 at independence, all the way to 1978.

Then it was replaced by “Arise, O Compatriots”

“Nigeria, We Hail Thee” was then reinstated on 29 May 2024 for no reason of importance that could usurp the chronic unemployment, terrorism and banditry, intermittent electricity, food and fuel shortages, or a currency in freefall against foreign currency in an import driven economy.

Most alive today would not know “Nigeria, We Hail Thee”, and would be a small bit preoccupied with the small matter of surviving day to day, to invest in knowing it any time soon.

It vaguely reminds me of Irish Rugby for some strange reason.

When Ireland is playing, some sing ‘Amhrán na bhFiann’  (“The Soldier’s Song” in English), while some sing ‘Irelands Call’. Some look at the sky uncomfortably, wishing it will soon be over, while others face down looking at their footwear and mumble their way through both parts incoherently.

Though nobody is threatening jailtime here, and everyday survival is not a Rugby match.

This, however, is not my main concern.

My concern is that the bill also prescribes a 2-year prison term for anyone who insults Bola Ahmed Tinubu.

What exactly IS insult?

Somebody in public could ‘holla’ mischievously at someone claiming they had too small a car. The target for the rebuke could claim to be insulted believing it implied they were not buoyant enough to afford a bigger one.

In contrast, somebody in public could ‘holla’ mischievously at someone claiming they had too BIG a car. The target for the rebuke could EQUALLY claim to be insulted believing it implied they lacked social intelligence to align with environmental concerns, and for selfish reasons, refused to be seen in a smaller one.

We could easily get into a situation here then, where this law affords an absurd amount of latitude in claiming PERCIEVED insult, as a route to criminalizing a completely innocent person, group of people or organisation.

It sounds like an open licence to declare anybody a criminal purely on the subjective notion of ‘feeling’ offended.

There are many schools of thought that would consider a piece like this dangerously threading towards politics. The question is, would voicing a disdain for a bill that will trample human rights be considered POLITICAL?

I am not calling out the man, I am calling out the measure.

We enter dangerous territory here, where any number of people in Political Opposition, in Peer Groups, Pressure Groups, Special Interest Groups, and different types of Rights Activists and Lobbying Groups are placed on the backfoot, afraid just to do their normal day to day job.

The situation also casts my mind back to a speech by actor Rowan Atkinson (best known for his comic character ‘Mr Bean’) introduced here by Nicky Verd.

‘The clear problem with the outlawing of insult, is that too many things, can be interpreted as such. Criticism is easily construed as insult by some parties… Ridicule, easily construed as insult… Sarcasm, Unfavourable Comparison… Merely stating an alternative point of view to the orthodoxy can be interpreted as insult… It is what you might call the ‘NEW INTOLERANCE’ … A new but intense desire to gag uncomfortable voices of dissent.’

These dynamics are amplified when they move away from the general application and get written around ‘Office of The President’

Is democracy itself under siege?

Towards the end of the week, a number of reports began to appear in Nigerian news websites, and on LinkedIn:

‘In a healthy democracy, leaders should be exposed to a range of perspectives, including critical ones, to make informed choices.’ – Post by The Daily Courier NG.

‘CJID, Citizens’ Gavel, HRJN, Journalists, and others Call on President Bola Ahmed Tinubu to Urgently Address Incessant and Unwarranted Attacks on Journalists in Nigeria’ –  Kehinde Adegboyega –  Co-Founder and Executive Director at Human Rights Journalists Network Nigeria.

So, I decided I would do my ‘Last Waltz’ with pictorial satire as the feature image, while I can still do it legally, without being thrown in Kiri Kiri.