Free speech: Mixed reactions trail Buhari’s threat

.Senior lawyers, others caution against gagging Nigerians

.’Statement is in compliance with constitution’

Mixed reactions on Tuesday trailed President Muhammadu Buhari 59th Independence anniversary speech particularly the threat that his administration won’t tolerate free speech that threatens national security.

While some senior lawyers and notable political actors took a swipe at the remark by President Buhari which sought to elevate national interest above the rule of law, a few claimed the statement was incompliance with the provisions of the Constitution of Federal Republic of Nigeria 1999 (as amended).

Hameed Ajibola Jimoh Esq, a Human and Socio-economic activist told the Daily Times that he sees nothing unlawful in what President Buhari said in his speech.

“The statement that his administration won’t tolerate free speech that threatens national security’ is in compliance with section s 38 and 45 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he said.

But several other lawyers are lamenting that the country was headed the path of dictatorship with such remark particularly at an independence anniversary, noting that there was nothing in the speech that he had not said before.

Sylvester Okechukwu, a Senior Advocate of Nigeria, who warned the All Progressives Congress (APC)-led government to respect the laws of the land, explained that the freedom of expression is guaranteed in the Nigerian constitution.

According to him, that right guarantees every Nigerian to speak his mind on issues.

‘’Nigeria’s constitution protects the right to freedom of expression and provides that any restriction to this right must be justifiable in a democratic society. The Declaration of Principles on Freedom of Expression in Africa also provides that any restriction to freedom of expression must “serve a legitimate purpose, necessary in a democratic society.

‘’The authorities should not exploit concerns about hate speech or fake news as a pretext for repression of free speech. The government of President Muhammadu Buhari should preserve Nigerians’ free access to the marketplace of ideas, online or offline,” he added.

On his part, Chief Nkereuwem Udofia Akpan, an Abuja based Constitutional Lawyer and Human Rights activist, who faulted Buhari’s statement that ‘’his government would no longer tolerate free speech that threatens national security,’’ said that until the constitution of Nigeria is amended, the freedom of speech and expression will always remain secured and guaranteed.

He said: ‘’Legally speaking, Mr. President did not say anything new and neither can he by proclamation make any amendments to our body of laws as it pertains to any of the Fundamental rights; in particular, the right of free speech and expression is secured and guaranteed under the extant and sacrosanct provisions of Chapter IV particularly sections 39 (1) and (2) of the 1999 constitution which he swore to defend in his oath of office.

‘’Now , unless those extant provisions were altered last night and am confident there was no such illegal alterations, then legally speaking his speech has not added anything new to our laws. I say so because matters coming before our courts, I hope I’m not proven wrong, shall be decided based on the extant laws of the land on subject and not on Mr. President’s address on October 1”.

A public affairs analyst, Ochonogor Joseph, said President Buhari’s Independence Day speech that he will not tolerate free speech is indeed a sad thing to hear from a man who once said he’s a democrat.

“The president should be reminded that his party rode on this same freedom of speech to clinch power from PDP in 2015.

“He should be reminded that the current opposition has not abused free speech compared to what his party did in 2015.

“I call on the president to respect the fundamental rights of every Nigerian to freely express themselves devoid of their religion, tribe, ethnicity or party affiliation.”

On his part, Stephen Ushie, the founder of Campaign Against Violent Elections (CAVE), saw the remark as mistake.

“I think the president made a mistake by saying he won’t tolerate a free speech that will affect national security. Freedom of speech is paramount. Our democracy is sacrosanct and there are institutions already in place that have to deal with issues that have anything to do with national security.

“So I think the President erred when he said his government will not tolerate free speech against the state. We have democratic structures to deal with security issues and as such they should be no threats against Nigerians.”

Also speaking, Deji Adeyanju, an activist, condemned the threat by Buhari against free speach, saying that “the president through his speech has shown determination to gag social media and you can be rest assured that he will go to any length to do this”.

His words: “There’s only one clear message in the message of the President because every Nigerian living within the country or abroad knows there’s nothing to celebrate. If you are living in the country, you can witness the impact of the battered economy which is why we are the proud poverty capital of the world and if you are abroad, you can also feel the impact by the constant begging by your relatives and friends for money. However, the president through his speech had shown determination to gag social media and you can be rest assured that he will go to any length to do this. Because they have successful bullied conventional media organisations in the country, the next now is social media. They want a nation where freedom of speech and that of the press is not guaranteed”.