abusive statements on social media
–Or option of N2 million fine
A bill seeking a two-year jail term for
any person who makes allegation or publishes
any statement or petition in the newspaper, radio
or medium of whatever description against
another person, institutions of government or any
public office holder, passed second reading in the
Senate, yesterday.
File: SENATE CHAMBER
The bill also prescribed that anybody or group of
persons who send any false text message or
post false message on the social media against
another person shall be jailed for two years upon
conviction by the law court.
The bill, tagged: “A Bill for an Act to Prohibit
Frivolous Petitions and other Matters Connected
therewith”, sponsored by Senator Ibn Na’Allah,
APC, Kebbi South, compels petitioners to
accompany their petitions with sworn court
affidavit, failure of which attracts a six- month
imprisonment upon conviction.
But the bill provides for an option of N4 million
for persons convicted of false newspaper, radio
and television statements and N2 million for
offenders of false phone text messages or
messages on Facebook, twitter, Instagram, or
WhatsApp.
“Where any person in order to circumvent this
law makes any allegation and or publish any
statement, petition in any paper, radio, or any
medium of whatever description, with malicious
intent to discredit or set the public against any
person or group of persons, institutions of
government, he shall be guilty of an offence and
upon conviction, shall be liable to an
imprisonment term of two years or a fine of
N4,000,000.00”,the bill specified.
On the social media, the bill read: “Where any
person through text message, tweets, WhatsApp
or through any social media post any abusive
statement knowing same to be false with intent
to set the public against any person and group of
persons, an institution of government or such
other bodies established by law shall be guilty of
an offence and upon conviction, shall be liable to
an imprisonment for two years or a fine of
N2,000,000.00 or both fine and imprisonment.”
The bill said it shall be an offence for any
petition to be submitted without a sworn affidavit
from the law court.
“Not withstanding anything contained in any law,
it shall be an unlawful to submit any petition,
statement intended to report the conduct of any
person for the purpose of an investigation,
inquiry and or inquest without a duly sworn
affidavit in the High Court of a state or the
Federal High Court confirming the content to be
true and correct and in accordance with the
Oaths Act.
“Any petition and or complains not accompanied
by a sworn affidavit shall be incompetent and
shall not be used by any government institution,
agency or bodies established by any law for the
time being enforced in Nigeria.
“Any person who unlawfully uses, publish or
cause to be published any petition, complaint not
supported by a dully sworn affidavit shall be
deemed to have committed an offence and upon
conviction, shall be liable to an imprisonment for
six months without an option of fine.
“Any person who acts, uses, or cause to be used
any petition or complaints not accompanied by
dully sworn affidavit shall be deemed to have
committed an offence and upon conviction, shall
be liable to an imprisonment for a term of two
years or a fine of N200,000.00 or both, “the
petition read.
Senator Na’Allah, in his lead debate, during the
plenary, where he sought support for accelerated
consideration of the bill, said: “Our past has
portrayed us as a society where by mere
expedience of writing a frivolous petition against
public officials, you can have their right abused
by taking certain measures that practically took
away their right of presumptions of innocence
only to be found later that the petition, as strong
as it appears, on the paper actually lacks merit.”
“This sometimes, lead to a lot of innocent and
most times honest civil servants being taken
away from the public service only to be replaced
by the dishonest ones, which invariably lead to
the draining of the public service of civil
servants with the desired integrity to move this
country forward simply on grounds of principles.
“As a nation with strong desire to move forward,
this negative trend must be reversed, if only the
desired objectives of the country,” he stressed.
He added: “the bill which appears ‘sunset’ in its
nature consists of four sections which in clear
terms spelt out the punishment for frivolous
petition, and what constitutes frivolous petition.
“The bill seeks to provide punishment for
frivolous petitions by making sure that only
credible and. Verifiable petitions are presented
for public use. “The utility of the bill is to equally
save the time for good governance and
resources that go into investigating frivolus
petitions.The bill would equally assist in shaping
our negative thinking by elevating hard work over
and above sychophancy and indolence,”he
further explained.
“The question to ask is, whether having passed
the Freedom of Information Act which gives
unfettered access by the public information from
government offices they would be right for this
government to continue to waste valuable time
and resources in investigating frivolous petitions
from the same public and I am sure you would
find no difficulty in saying no to the ugly
situation,”he stressed, while soliciting support for
its consideration.....
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