Mounting criticism forces Speaker Abbas to withdraw offensive counter subversion bill
By Emma Ogbuehi
Speaker of the House of Representatives, Hon. Abbas Tajudeen, on Wednesday, ordered the withdrawal of the Counter Subversion bill which he sponsored.
The draconian bill prescribed harsh punishment for those accused of engaging in rather nebulous activities regarded as subversive.
The bill was pushing for between two and 25 years imprisonment or a fine of between N2 million and N15 million both on individuals and organizations or both on those found guilty.
The objective of the bill, a copy of which was sighted by TheNiche was to (a) Provide for a legal and institutional framework to detect, prevent, investigate, criminalize, prosecute, and sanction subversive and related activities; and regulate the procedure and determine how the provisions of this Act shall be carried out”.
The bill was presented to the House and gazetted as House Bill 1652 on July 23 alongside three bills sponsored by the Speaker and listed on the same day.
The others are counter sabotage bill 2024 (HB 1651), counter-insurgency bill 2024 (HB 1653) and Espionage (Prevention and Prohibition) bill 2024 (HB 1654).
After an initial statement explaining that the bill was not targeted at any individual or group, the Speaker issued another statement withdrawing the bill.
The statement titled: “Withdrawal of the Counter Subversion and Other Related Bills,” which was signed by Special Adviser on Media and Publicity, Musa Abdullahi Krishi, said the Speaker was withdrawing the bill in response to the voices and concerns of the people.
The statement said: “This decision follows his extensive consultations with a broad range of stakeholders and a careful consideration of the nation’s current circumstances.
“Speaker Abbas Tajudeen, a champion of the people’s interests, has always prioritized listening to the citizens and fostering unity. His decision reflects his commitment to ensuring that the House remains truly the People’s House.
“He acknowledges the significance of the concerns raised and the attention the Bill has garnered, reaffirming that he will never support any action that might disrupt the peace and unity of our nation.
“The public is hereby notified of the withdrawal of the Counter Subversion Bill and other related ones introduced on July 23, 2024”.
According to the bill which has 24 clauses, any “person who engages in activities that result to mutual suspicion, mistrust, distrust or intolerance which degenerates into conflict and violence that threatens the corporate existence, peace and security of the Federation of Nigeria, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of 10 years or both”.
The bill also states that “A person who engages in illegal road traffic function, illegal roadblock, imposition of illegal curfew, the conduct of illegal procession, checkpoint, and other similar acts, commits an offence and is liable on conviction to a fine of N2,000,000 or imprisonment for a term of five years or both.
“From the commencement of this Bill, all voluntary or volunteer services groups that seek to provide services under section 3 of this Bill shall be registered with the appropriate authority before rendering the service.
“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 N5,000,000 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 N3,000,000 or imprisonment for a term of four years or both.
“A person who makes a statement does something or directs or encourages another person or group to do something that will lead to separatist agitation or intergroup or sectional conflict, commits an offence and is liable on conviction to a fine of N10,000,000 or imprisonment for a term of 25 years or both”.
It said further that “A person who destroys national symbols; refuses to recite the national anthem and pledge, defaces or abuse a place of worship to cause violence and subvert the Government of Nigeria, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of 10 years or both”.
Clause 9 stipulates that (1) A person who interacts, communicates liaises, associates with locally based cult groups, criminal gangs or proscribed organisations, commits an offence; A person who interacts, communicates, liaises, associates with foreign-based criminal gangs or proscribed organisations or countries detrimental to the welfare, security, development and progress of Nigerian, commits an offence; A person who commits an offence under this section is liable on conviction to a fine of N10,000,000 or imprisonment for a term of 15 years or both.”
It states further that “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 N15,000,000 or imprisonment for a term of 20 years or both”.
For those receiving foreign aides, it said (1) A foreign-based person, group or organisation that makes statements injurious to the peace and security of Nigeria and relates with or is influenced by a locally based person, group or organisation, commits an offence; (2) A locally based person that fails to refute, condemn, and associate themselves with any statement made by a foreign-based person, group or organisation, commits an offence; (3) A person who commits an offence under this section is liable on conviction to a fine of N5,000,000 or imprisonment for a term of 5 years or both”.
The bill which has now been withdrawn by the Speaker also provided that “every person, group or organisation that engages in activities that undermines 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 N3,000,000 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 willfully, commits an offence and is liable on conviction to imprisonment for a term of 3 years at the first instance and seven years for a subsequent offence or to a fine of N5,000,000 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 N5,000,000 or imprisonment for a term of seven years or both.
“A person who establishes, creates, operates or maintains, funds, supports or assists a para-military, 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 N10,000,000 or imprisonment for a term of 15 years or both”.
Clause 16 states that (1) A person group or organisation that engages in aggressive, violent or intimidating conduct that results in the death of a person, commits an offence and is liable on conviction to death.
(2) A person group or organisation that engages in conduct that results in grievous bodily harm or loss of property, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of seven years or both and to the payment of adequate compensation to the victim of the crime.”
Furthermore, the bill had planned to ensure that “A person who illegally constructs a structure or takes over a public place, road or fields without permission from the authority in charge of the place, commits an offence and is liable on conviction to a fine of N1,000,000 or imprisonment for a term of three years or both.
“A person who castigates, instigates, persuades, denigrates, embarrasses or brings into disrepute the leadership of a community, religion, lawful group, local government, State or Federal Government of Nigeria, commits an offence and is liable on conviction to a fine of N4,000,000 or imprisonment for a term of two years or both”.
Read Also: Counter subversion bill not targeted at any group, says Speaker Abbas
Other acts that the law would have imposed punishment include conduct that displays loyalty, pledges allegiance to another country or denounces his loyalty to Nigeria as well as persons who inspire, instigate, encourage or direct defiance, mentor, fund or abets or conspire with any person group or organisation in opposition or destruction of an existing state institution, structures or values by illegal conduct or violent acts.
Ownership, possession, production, distribution, importation, handling, and uses abs established security, military, police, or intelligence agency uniforms, emblems, or accoutrements, is supposed to attract a fine of N2,000,000 or imprisonment for a term of two years or both on conviction.
Prosecution of offences provided in the withdrawn Bill was supposed to be as prescribed in the Administration of Criminal Justice Act and subject to the powers of the Attorney-General of the Federation, Legal Officers of the Service shall undertake and conduct prosecution of offences under this Bill.
