ANALYSIS: The national assembly and anti-people legislations

Elizabeth AtimeAugust 30, 202411 min

Despite being the arm of government invested with powers to protect the interests of citizens, the national assembly appears to be keen more compromise and connivance with the executive raising concerns of an abandoned Nigerian populace. 

Since the return of democracy in 1999 after long years of military rule, Nigerians longed for stability, progress and good governance that resonated with their hopes and aspirations. However, that has not been exactly the case thereby giving room for suspicion and doubt on the mediating role of the legislature as representatives of the people. The national assembly, as an arm of government that represents the voices of the masses, is expected to steer a position that puts the interests of their constituents and the generality of Nigerians before all other considerations, including party unity or loyalty. 

Worrisome anti-people legislations

Recent attempts to introduce and pass certain legislations that point to violations of the guarantees of freedom of thought, opinion and expression, and freedom of association, as contained both in Nigeria’s 1999 Constitution (as amended) and international laws which Nigeria is signatory screams anti-people. For instance, the proposed piece of legislation titled, ‘counter-subversion bill’ sponsored by the Speaker of the House of Representatives, Rep. Tajudeen Abbas, recently stirred mixed reactions from Nigerians. In the same vein, the introduction of the social media bill by previous and current assembly remains contentious. Another controversial bill which came from the 8th National Assembly sought to regulate civil society groups. Similarly, the cybercrimes prohibition, prevention, Etc) act (2015) amendment also attracted a lot of reaction from Nigerians. The  act of not checkmating the executive arm of government by way of oversight, proper scrutiny of their policies and programmes has earned the lawmakers the tag “rubber stamp” which would be very difficult to erase given these perceived anti-people moves.

This is not to say the federal lawmakers are completely derelict in their responsibilities as they have achieved some fits that deserve commendation as well. The introduction and passage of the Students Loans Act which is of huge benefit to the young Nigerian students is an example. Others include the Petroleum Industry Act (PIA) and the Freedom of Information Act (FoIA) which has provided access to information seekers in the public domain, and to discourage public fraud and corruption and a few other landmark achievements.

The withdrawn counter subversion bill  

Speaker of the House of Representatives, Rep Tajudeen Abbas, made a u-turn after receiving backlash from Nigerians for sponsoring a bill that will stop protesters and agitators from any form of demonstration. He announced the withdrawal of the proposed law on 14 August, 2024 which he touted as a proposed addition to Nigeria’s anti-terrorism legal framework and to be in line with “global standards.” He said the decision to step back on the bill was made in response to public concerns, and after careful consideration of Nigeria’s current circumstances. The counter subversion bill, which was introduced on the 24 July 2024, has 24 clauses, most of which are draconian. The bill as sighted by OrderPaper sought to criminalise gathering of a wide range of groups, including associations, organisations, militias, cults, bandits, and other proscribed entities like Indigenous People of Biafra (IPOB) etc. It also called for a 10-year jail term or a hefty fine for refusing to recite the national anthem and a five-year sentence for erecting an illegal roadblock, proposing illegal curfews or conducting illegal processions. Shortly after news broke out about details of the bill, the speaker reacted initially by saying there was no ulterior motive behind the proposed piece of legislation. He also explained that it was all-encompassing as it relates to Nigeria’s national security and does not target any group or section of the country. Activist Aisha Yesufu and former minister of Education, Oby Ezekwesili, were among many prominent voices who lampooned the speaker on the bill.

 

The cyber security bill 

On 25 October 2023, the senate passed for second  reading a bill to amend the Cyber Crimes Act, of 2015.  The bill titled: “A bill to amend the Cyber Crimes Act, 2015 and for Matters Connected Therewith, 2023, sponsored by Senator Shehu Buba (PDP, Bauchi), sought to among other things, correct errors contained in the principal act and empower the National Security Adviser (NSA), to monitor compliance with provisions of the Act. Buba said “the bill seeks to address all anomalies that have hindered the effective implementation of the Act. Over the years, since the enactment of the Cybercrime Prohibition, Prevention etc.) Act 2015, there has not been compliance with the provision of Section 44(2) (a) of the Act.” On 13th February, 2024 the bill was introduced on the floor of the House without it being listed on the order paper, and neither were copies of the bill made available to members to read through and understand, which fails short of standard parliamentary procedures. However, the bill sparked confusion and outcry by citizens over the implementation of the 0.5 per cent cybercrime fee on all bank transactions. The Central Bank of Nigeria (CBN) directed banks operating in the country to start charging a cybersecurity levy on transactions. Although the levy is a provision in the original Act but increased in the amendment, many Nigerians stridently criticised the levy on the ground that the CBN is attempting to impose another tax on Nigerians. In a positive twist, on 24 May 2024, the House of Representatives directed the Central Bank of Nigeria to halt the implementation of the levy. The resolution was sequel to a motion of urgent public importance moved by the Minority Leader of the House, Kingsley Chinda.

The NGO regulation bill 

The Non Governmental Organisation (NGO) regulation bill was presented before the national assembly in 2017 by late Rep. Buba Jubrin from Kogi State. He had sponsored the bill to regulate NGOs and CSOs. The bill passed second reading at the House and was subsequently referred to the Committee on Civil Society Organisations and Development Partners which was chaired by Rep. Peter Akpatason (APC, Edo). On the day of the public hearing on the bill, scores of protesters marched to the National Assembly asking that the bill be dropped. Members of the CSOs interpreted the bill as an attempt by the government to stifle civil liberty societies. Despite being shot down by condemnations, the idea would just not go away because many politicians feel uncomfortable that some of the nongovernmental organisations are demanding accountability from them. On 8 February 2024, Rep. Sada Soli (APC, Katsina)  reintroduced the piece of legislation titled, “A Bill for an Act to Establish Non-Governmental and Civil Society Organisations Agency for the Promotion of Social Development Activities in Nigeria and for Related Matters,” This bill as stated above draws alot of sentiments and the CSOs see it as a threat to their operational freedom to question the actions and policies of any government .The bill is perceived to be  dangerous and oppressive. According to Amnesty International, the bill “violates Nigerians’ human rights and gag civil society in the country.” Amnesty International called on the House of Representatives to immediately reject the dangerous and oppressive bill.

The Anti Social media bill

The attempts by current and past assemblies to censor the civic space raises questions about the potentiality of government overreach and suppression of dissenting voices under the guise of protecting national security or stability. One wonders the motives behind the government’s push for social media censorship. The anti-social media bill was introduced in the senate on 5th November, 2019 to criminalise the use of the social media in peddling false or malicious information. Titled, “A bill for Protection from Internet Falsehood and Manipulations” and sponsored by Sen. Mohammed Sani Musa (APC, Niger), it passed second reading but was aggressively shot down at the public hearing. The bill was consequently abandoned. But recent moves by top administration officials suggest that the last may not have been heard on the social media bill. Chief of Staff to the President and former Speaker of the House, Femi Gbajabiamila, is reported to have called for social media censorship. On February 8, 2024, he said social media has become a societal menace, as he stated that users spread misinformation on social media platforms, hence the urgent need for regulation. This was not the first time Gbajabiamila would call for the regulation of the civic space. On June 28, 2021, he said that social media must be regulated to prevent its “evil from taking root in the country.” His predecessor, Speaker Abbas, agrees with him. In a press conference earlier this year, he said social media freedom could “undermine the integrity of our democracy but also erode the fabric of our national unity,” noting that Femi is just one of the millions of Nigerians who suffer cyberbullying and coordinated campaigns of defamation daily. Too many victims are not as powerful as him to defend themselves.”

NASS silence on swift subsidy removal 

Recall that President Bola Tinubu had announced the removal of fuel subsidy on 29th May 2023. He disclosed this in his inaugural speech as the new President of Nigeria. According to him, “subsidy has gone, subsidy can no longer justify its ever increasing costs in the wake of drying resources.” Early July 2023, the national assembly received an executive communication for approval to secure a $800 million loan and N500 billion to activate palliatives to cushion effects of the removal of petrol subsidy. One year later, the national assembly is yet to call the executive to order on its promises to put in place programmes that will cushion the negative effects on the unexpected removal of subsidy. 

Elizabeth Atime

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