Counter Subversion Bill: A New Threat to Nigeria’s Democratic Freedoms?

The Nigerian House of Representatives has introduced the Counter Subversion Bill 2024, a sweeping piece of legislation that aims to tighten national security by criminalising acts deemed subversive.

The bill, sponsored by Speaker Tajudeen Abbas, proposes stringent penalties, including hefty fines and long prison sentences, for offences ranging from refusing to recite the national anthem to engaging in separatist activities.

While proponents argue that the bill is essential for safeguarding national security, critics warn that it represents a grave threat to Nigeria’s democratic freedoms, potentially curbing citizens’ rights to free speech, assembly, and dissent.

Key Provisions: A Glimpse into the Bill’s Stipulations

The Counter Subversion Bill 2024 lays out a series of severe punishments for a variety of actions. Notably, it prescribes a 10-year prison sentence or a N5 million fine, or both, for anyone who refuses to recite the national anthem or destroys national symbols.

Additionally, individuals who engage in activities that undermine the sovereignty of Nigeria, such as participating in separatist movements, could face a 25-year prison term or a N10 million fine.

The bill also targets those who disrupt public order through illegal roadblocks, unauthorised traffic duties, or unlawful processions, with penalties of up to five years in prison and a N2 million fine.

Furthermore, the legislation criminalises the takeover of places of worship or public spaces through coercive means, prescribing a 10-year prison sentence or a N5 million fine.

The bill also prescribes a fine of N4 million or two years imprisonment for a person convicted of castigating, denigrating, embarrassing, or bringing to disrepute the leadership of a community, religion, lawful group, local government, state government, or federal government.

“A person who engages in activities that result in mutual suspicion, mistrust, distrust, or intolerance which degenerate into conflict and violence that threaten the corporate existence, peace, and security of the Federation of Nigeria, commits an offence and is liable on conviction to a fine of N5 million or imprisonment for a term of 10 years or both.

“A person who forcefully takes over any place of worship, town hall, school, premises, public or private place, arena, or a similar place through duress, undue influence, subterfuge, or other similar activities, commits an offence and is liable on conviction to a fine of N5 million or imprisonment for a term of 10 years or both.

“A person who professes loyalty, pledges, or agrees to belong to an organisation that disregards the sovereignty of Nigeria, commits an offence and is liable on conviction to a fine of N3 million or imprisonment for a term of four years or both.

“A person who receives financial or political support from a foreign organisation, group, or country that is not compatible with the interest, development, security, and progress of Nigeria, commits an offence and is liable on conviction to a fine of N15 million or imprisonment for a term of 20 years or both,” some sections of the bill stated.

Other sections of the bill, among others, stated: “Every person, group, or organisation that engages in activities that undermine national security, harmonious community interaction, peaceful coexistence, and the maintenance of law and order, commits an offence and is liable on conviction to a fine of N3 million or imprisonment for a term of five years or both.

“A person, group, or organisation that persistently disregards, disobeys, or disrespects constituted authority, rules, regulations, order, or contravenes the law wilfully, commits an offence and is liable on conviction to three years imprisonment at the first instance, and seven years for a subsequent offence, or to a fine of N5 million or both.

“A person who habitually violates the law, refuses or prevents arrest, disrupts legal processes or proceedings, engages in contrary behaviour or persistent and recalcitrant, defiance and rebellion against constituted authority, commits an offence and is liable on conviction to a fine of N5 million or seven years imprisonment or both.

“A person who establishes, creates, operates, or maintains, funds, supports or assists a paramilitary group, guard, brigade, organisation, corps, union, militia, cult or bandit group under whatever name or guise, except established by laws passed by the National Assembly or State House of Assembly, commits an offence and is liable on conviction to a fine of N10 million or 15 years imprisonment or both.”

Support and Justification: A Necessary Measure for National Security?

Proponents of the bill, including Speaker Tajudeen Abbas, argue that the legislation is essential for maintaining national security in the face of rising subversive activities by militias, cults, and other proscribed groups.

In a statement, Abbas stressed that the bill aims to strengthen Nigeria’s anti-terrorism framework and aligns with similar legislation in countries such as the United Kingdom and Canada. He assured the public that the bill would undergo rigorous scrutiny and that their voices would be considered in shaping its final form.

Abbas’ defence of the bill emphasises its intent to address the growing threats posed by separatist movements and other groups that challenge Nigeria’s sovereignty.

By imposing harsh penalties on actions that incite violence or undermine national unity, the bill’s supporters believe it will serve as a deterrent and reinforce the country’s stability.

Opposition and Criticism: A Threat to Civil Liberties?

However, the bill has faced strong opposition from various quarters. Critics argue that its provisions are draconian and pose a significant threat to fundamental rights.

The Take It Back Movement (TIBM), a civil society group, has condemned the bill as an assault on freedom of speech, assembly, and expression. The group’s leaders have called for the bill to be discarded, urging the government to focus on addressing the root causes of unrest, such as poverty and inequality, rather than stifling dissent through punitive measures.

Former Nigerian Education Minister Oby Ezekwesili has also voiced her opposition, labelling the bill as “silly and irrelevant.”

Ezekwesili, in a post to a verified X (formerly Twitter) page criticised lawmakers for prioritising legislation that she believes distracts from the country’s pressing issues, such as poor governance and economic hardship.

Her comments resonate with a broader sentiment that the bill represents an overreach by the government, potentially stifling legitimate criticism and political expression.

I am certain that the Speaker of the @HouseNGR @Speaker_Abbas @nassnigeria knows this for a fact.

Surely, he must know that the so-called #CounterSubversionBill which he introduced- and alleged to be in its second reading – is a silly flight of fancy that further reveals how…

— Oby Ezekwesili (@obyezeks) August 14, 2024

Analysis: The Delicate Balance Between Security and Freedom

The Counter Subversion Bill 2024 brings to the forefront the perennial debate over the balance between national security and civil liberties. On the one hand, the government’s responsibility to safeguard the nation from subversive elements is undeniable, especially in a country as diverse and complex as Nigeria. The bill’s supporters argue that strong measures are necessary to preserve the country’s unity and prevent its descent into chaos.

On the other hand, the bill’s critics warn that such legislation could be used to silence dissent and suppress the freedoms that are the bedrock of any democratic society. The sweeping nature of the bill’s provisions, particularly the criminalisation of actions as fundamental as refusing to recite the national anthem, raises concerns about the potential for abuse and the erosion of civil rights.

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Also, criminalising acts of criticism of political officeholders as well as protests and peaceful demonstrations as guaranteed in the Nigerian constitution cast doubt on the intent of the bill and raise questions about the abuse of civil liberties.

As the bill moves through the legislative process, its fate will likely hinge on how well it can navigate these competing concerns. The promised public hearings and debates will be crucial in determining whether the bill can be refined to achieve its security objectives without infringing on the rights of Nigerians.

Conclusion: A Nation at a Crossroads

The Counter Subversion Bill 2024 has placed Nigeria at a crossroads, where the need for security must be carefully weighed against the preservation of democratic freedoms. As the debate continues, the outcome will not only shape the country’s legal landscape but also set a precedent for how Nigeria addresses the challenges of national unity and governance in the years to come. The eyes of the nation are on the House of Representatives as it deliberates on a bill that could redefine the relationship between the state and its citizens.