HATE SPEECH BILL, DEAD ON ARRIVAL FOR UNCONSTITUTIONALITY
Fidelis C. Uwakwe · 2020
In recent time, no issue or legislation in Nigeria has generated severe criticism and public outcry than the introduction of Hate Speech Bill on the floor of the National Assembly. Hate Speech is a matter of great dispute and argument globally, although the standards on this under international law are in fact reasonably developed. International law equally requires States to ban certain speech on the basis that it undermines the right of others to equality or to freedom from discrimination and occasionally also on the basis that this is necessary to protect public order. Given the fact that freedom of speech and expression belongs to the group of fundamental human rights of every person and as contained in the Constitution of Nigeria, the bill on hate speech is a denial to freedom of speech. This is because the logical implication of hate speech bill is that without the freedom to offend through speech, freedom of expression ceases to exist. Open and robust public discourse without fear of prosecution serves as a fundamental check on governmental powers which hate speech seeks to repress. Freedom of speech reinforces all other human rights, thus, allowing society to develop and progress at a constant rate. The ability to state our opinion and speak freely is pivotal for any change in the society. However, a bill or law which unnecessarily restricts free speech and which can be adopted to redress dissenting voice in any nation would always have far reaching consequences for the growth of democracy .The work adopted the doctrinal method of data collection and relied on substantive statutory provisions, case laws, and published books to examine the unconstitutionality of the proposed hate speech bill in Nigeria and the consequences the passage of hate speech bill would bear on the Nigerian populace.