Politics
Senate Accused Of Violating Court Judgement
A human rights activist, Barr. Daniel Makolo, yesterday took a swipe at the Senate, accusing it of violating a subsisting judgement of the Community Court of Justice of the Economic Community of West African States (ECOWAS).
According to Makolo, the judge forbade the Federal Government from making any law to criminalize free speech.
In a statement yesterday in Abuja, Makolo alleged that the National Assembly under the leadership of Ahmad Lawan has chosen an ignoble path by “willfully subjecting and making our Nigeria a laughing stock in the comity of nations beats our imagination.”
According to him, there are sufficient laws on offensive words and actions with great and effectual remedies in the laws of the country, adding, “It’s wrongful to attempt criminalizing freedom of expression for the traumatized citizens of Nigeria.
“It is absurd for Nigeria in the comity of nations on earth to be heard singing these ignoble songs rather than creating the conducive environment for Freedom of Speech and enterprises for her rapidly growing population.
“This Bill is retrogressive and the rest of the world laughing at us is worrisome to us and maybe to you too like very many Nigerians home and abroad.”
He said that the judgment number: ECW/CCJ/JUD/31/18 made on Tuesday, December 11, 2018, also barred the Federal Government from free speech or press censorship enshrined and guaranteed under Article XIX of the African Charter on Human and People’s Rights, and the ECOWAS Protocol on Democracy and Good Governance.
The Activist who noted that the case with suit no: ECW/CCJ/APP/10/15 was between Mr Festus Ogwuche and the Federal Republic of Nigeria, said, “In view of this judgment, the National Assembly of Nigeria is, therefore, acting contrary to the core terms of the Judgment in terms of the citizens’ rights it protects, to embark on the facilitation of the Hate Speech Establishment Bill 2019.
“This Judgment clearly forbids the Federal Republic of Nigeria sued in this case as the Defendant from further violating Nigerians citizens’ rights to freedom of speech being a matter that was initiated within the public interest advocacy mechanism.
“It would not be seen that Nigeria as an entity would have her legislature act in defiance of her international obligations freely entered into and in the face of a valid subsisting Court Judgement.
“Freedom of speech is an entrenched Fundamental Human Rights provided for in the Nigerian Constitution and this Right is fully preserved by the Judgment of the Regional Court aforesaid.
“It is completely out of the way for the Nigeria legislature to attempt to facilitate the enactment of any law that infringes the rights protected by the said Judgment of the Regional Court.”
Makolo who noted that the Hate Speech Bill is contrary to Section 22 and 39 of the 1999 Constitution which guarantees freedom of expression, said, It needs no saying that, any Law or Act that is or are contrary to the ground norm of the Constitution is null and void.”