Speaker Tajudeen Abbas introduced the Counter Subversion Bill 2024 in Nigeria’s House of Representatives on July 23, 2024. It aimed to impose stringent penalties for various subversive activities, including failure to recite the national anthem and insulting leaders. The bill quickly garnered public backlash due to its perceived violations of fundamental rights and excessive penalties, leading to widespread criticism on social media.
In response to the mounting pressure and public outcry, Abbas withdrew the bill on August 15, 2024
Read also: New Bill Threatens Heavy Fines and Jail Time for Anthem Deniers
Major Provisions of the Bill
1. Criminalization of Subversive Activities (Section 2): The counter subversion bill prohibits activities that result in mutual suspicion, mistrust, or intolerance leading to conflict that threatens Nigeria’s corporate existence, peace, and security. Penalties include a fine of 5 million Naira or 10 years imprisonment or both.
2. Prohibition of Illegal Road Blocks and Processions (Section 3): Engaging in illegal road traffic functions, roadblocks, curfews, or processions is criminalized, with penalties of 2 million Naira fine or 5 years imprisonment or both.
3. Registration of Volunteer Service Groups (Section 4): All voluntary or volunteer service groups must register with the appropriate authority before providing services.
4. Criminalization of Forceful Occupation (Section 5): Taking over any place of worship, town hall, school, or other public or private places through force or subterfuge is prohibited, with penalties of 5 million Naira fine or 10 years imprisonment or both.
5. Prohibition of Separatist Agitation (Section 7): Making statements or encouraging actions that lead to separatist agitation or intergroup conflicts is criminalized, with severe penalties of 10 million Naira fine or 25 years imprisonment or both.
6. Protection of National Symbols (Section 8): Destroying national symbols, refusing to recite the national anthem and pledge, or defacing places of worship with intent to cause violence is prohibited, with penalties of 5 million Naira fine or 10 years imprisonment or both.
7. Prohibition of Association with Proscribed Organizations (Section 9): Interacting or associating with local or foreign-based cult groups, criminal gangs, or proscribed organizations is criminalized, with penalties of 10 million Naira fine or 15 years imprisonment or both.
8. Regulation of Foreign Support (Section 10): Receiving financial or political support from foreign entities that is deemed incompatible with Nigeria’s interests is prohibited, with penalties of 15 million Naira fine or 20 years imprisonment or both.
9. Criminalization of Injurious Statements by Foreign-Based Persons (Section 11): Foreign-based entities making statements deemed injurious to Nigeria’s peace and security, and local persons failing to condemn such statements, face penalties of 5 million Naira fine or 5 years imprisonment or both.
10. Prohibition of Illegal Paramilitary Groups (Section 15): Establishing, operating, or funding paramilitary groups, militias, or cult groups without government approval is criminalized, with penalties of 10 million Naira fine or 15 years imprisonment or both.
11. Penalties for Violent Conduct (Section 16): Engaging in aggressive, violent, or intimidating conduct resulting in death is punishable by death. Conduct resulting in grievous bodily harm or property loss carries penalties of 5 million Naira fine or 7 years imprisonment or both, plus compensation to the victim.
12. Criminalization of Leadership Criticism (Section 18): Castigating, instigating against, or embarrassing leadership at community, religious, local, state, or federal levels is prohibited, with penalties of 4 million Naira fine or 2 years imprisonment or both.
Implications of the Bill on Nigerians and Nigeria
1. Restriction of Civil Liberties: The counter subversion bill could significantly curtail fundamental freedoms:
- Section 7 criminalizes statements leading to separatist agitation, potentially limiting free speech on political issues.
- Section 18 prohibits criticism of leadership, which could stifle public discourse and accountability.
- Section 3’s ban on unauthorized processions could limit the right to peaceful assembly.
2. Impact on Political Opposition and Activism: The bill could hamper legitimate political activities:
- Section 15 prohibits the creation of certain organizations without government approval, potentially affecting opposition groups.
- Section 10’s ban on receiving foreign support incompatible with Nigeria’s interests could impact NGOs and activist groups.
3. Media Freedom and Journalism: Journalists may face increased risks.
- Section 7’s prohibition on dangerous statements could lead to self-censorship.
- Section 18’s criminalization of leadership criticism could hinder investigative journalism.
4. Threat to National Unity: While aiming to promote unity, the bill might worsen tensions:
- Section 6 criminalizes disregarding the sovereignty of Nigeria, which could be used against advocates for greater regional autonomy.
- Section 8’s mandate to recite national symbols might be seen as forced patriotism by some groups.
5. Economic Implications: The bill could affect Nigeria’s economy
- Section 10’s restrictions on foreign support might deter international investments and aid.
- – Section 9’s broad prohibitions on foreign associations could complicate international business relationships.
6. Judicial System Impact: The bill could strain the judicial system.
- Section 23 grants jurisdiction to the Federal High Court, leading to a higher number of cases in the judicial system, potentially overwhelming courts and delaying justice for other criminal cases.
7. Human Rights Concerns: Several provisions raise human rights issues:
- Section 16 prescribes the death penalty for certain offenses, which may face international criticism.
- Section 9’s criminalization of associations could infringe on the right to freedom of association.
8. Impact on Civil Society: The bill could significantly affect civil society organizations:
- Section 4 requires registration of volunteer groups potentially increasing bureaucratic hurdles.
- Section 15’s ban on certain types of organizations could limit civil society’s scope of operation limiting their ability to operate freely and advocate for change.
9. Potential for Political Misuse: Some provisions could be used to target political opponents:
- Section 18’s ban on criticizing leadership could be used against opposition figures.
10. International Relations: The bill could affect Nigeria’s international standing:
- Sections 9, 10, and 11, dealing with foreign associations and support, might complicate diplomatic relations.
- The severity of penalties and potential human rights implications could draw international criticism.
