Lawyers divided over categorisation of hate speech as terrorism

COVID-19, Lawyers

lawyers NBAyersSOME lawyers on Monday described hate speech as a moral issue not constitutional, while others said it should be treated as a treasonable offence.

The News Agency of Nigeria (NAN) reported that the lawyers were reacting to the Federal Government’s description of hate speech as an act of terrorism.

Mr Bankola Akomolafe, an Abuja-based legal practitioner, said that the ban on hate speech by the Federal Government was both morally and constitutionally in order.

He described those saying there was nothing like hate speech under Nigerian law as those who do not know the constitution, adding that hate speech was inimical to the unity of the country.

Akomolafe said that hate speech could trigger violence, adding that it was the duty of the Federal Government to provide for security of lives and property for Nigerians, hence the need to ban it.

“If your freedom to speak can trigger violence, it is the right of the Federal Government to stop it; the government is saddle with the responsibility of ensuring peace and unity to protect from internal and external aggressions.”

Mr Ebun-Olu Adegboruwa, a Lagos-based lawyer, in a statement said he did not agree with the concept of hate speech.

According to him, the constitution in Section 39 has granted an unqualified freedom of expression to every citizen.

“If at all any speech has violated anybody’s legal rights, there is the extant common law remedy of libel actions for damages in civil cases and criminal libel in criminal cases,’’ he said.

Mr Okoli Ezenwa, another Abuja-based legal practitioner, said that although hate speech was not properly defined in the constitution, it could be described as improper and immoral.

“I don’t believe hate speech is tantamount to terrorism but it should be treated as a treasonable offence.’’

NAN reported that the acting president, Professor Yemi Osinbajo, had, on August 17 at the security summit for members of National Economic Council, declared that hate speech would now be viewed as an act of terrorism.

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