In response to the voices and concerns of the people, the Speaker of the House of Representatives, Tajudeen Abbas on Wednesday resolved to withdraw the counter subversion bill and other related draft legislation.
This came on the heels of public outcry on the proposed bill which seeks to “criminalise subversive activities by associations, organisations, militias, cults, bandits and other proscribed groups in Nigeria.”
The proposed private member bill sponsored by Speaker Abbas proposed stiffer punishment for anyone found guilty of various offences stipulated in the bill, ranging from 2 to 25 years imprisonment as well as fines ranging from N2 million to N15 million.
According to a statement issued through his Special Adviser on Media and Publicity, Musa Krishi, the Speaker’s “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.”
As stipulated in Clause 1(a and b), the bill seeks to 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 the manner in which the provisions of this Act shall be carried out.”
Clause 2 further provides that: “A person who engages in activities that results 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.
On the prohibition of subversive activities, Clause 3 provides that: “A person who engages in illegal road traffic function, illegal road block, imposition of illegal curfew, 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.”
On the prohibition of illegal road blocks and procession, Clause 4 provides that: “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.”
On the registration of volunteer service groups, Clause 5 stipulates that: “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.”
On the prohibition of forceful occupation, Clause 6 provides that: “A person who professes loyalty, pledges or agrees to belong to an organisation that disregard 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.”
On the disregarding the sovereignty of Nigeria, Clause 7 states that: “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.”
For making dangerous statements, Clause 8 provides that: “A person who destroys national symbols; refuses to recite the national anthem and pledge, defaces or abuse a place of worship with the intention 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.”
For the destruction of national symbol, Clause 9(1) A person who interacts, communicates liaise, associates with locally based cult groups, criminal gangs or proscribed organisations, commits an offence.
“(2) A person who interacts, communicates, liaise, associates with foreign based criminal gangs or proscribed organisations or countries detrimental to the welfare, security, development and progress of Nigerian, commits an offence.
“(3) 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.”
For associating with proscribed organisation, Clause 10 stipulates 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 any financial or political supports incompatible with the interest of Nigeria, Clause 11 provides that: “(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.”
For making injurious statement by a foreign based person, Clause 12 provides 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.”
For engaging in activities that undermines national security, Clause 13 stipulates that: “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.”
For disregarding constituted authority, Clause 14 States that: “A person who habitually violates the law, refuses or prevents arrest, disrupts legal processes or proceedings, engages in contrary behavior 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.”
In case of disruption of legal process, Clause 15 stipulates that: “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.”
For creation and funding of illegal group, Clause 16 provides that: “(1) A person group or organisation that engages in aggressive, violent or intimidating conduct that results to the death of a person, commits an offence and is liable on conviction to death.
(2) A person group or organisation that engages in conducts that results to 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.”
For causing death by aggressive, violent or intimidating conduct, Clause 17 provides 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.”
For any illegal construction in public place, Clause 18 States that: “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.”
For denigration of a persons in authority, Clause 19 provides that: “(1) A person who engages in conduct that display loyalty, pledges allegiance to another country or denounces his loyalty to Nigeria, commits an offence and is liable on conviction to the penalty provided in subsection (2).
(2) A person who inspires, instigates, encourages or directs defiance, mentors, funds or abets or conspires with any person group or organisation in opposition or destruction of existing state institution, structures or values by illegal conduct or violent acts, 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.”
For pledging of allegiance to a foreign country, Clause 20 provides that: “A person who owns, possesses, produces, distributes, imports, handles, uses established security, military, police or intelligence agency uniforms, emblems or accoutrements, commits an offence and is liable on conviction to a fine of N2,000,000 or imprisonment for a term of two years or both.”
For prohibition of production and sale military or police uniforms, Clause 21 provides that: “The procedure for prosecution of offences provided in this Bill shall be as prescribed in the Administration of Criminal Justice Act.”
On the prosecution of offences, Clause 22 provides that: “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.”
Clause 23 also provides that: “The Federal High Court shall have jurisdiction to try offences under this bill.”
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