, 8 tweets, 4 min read Read on Twitter
Yesterday was a terrible day for civic freedoms & constitutional expression in #Nigeria. The "conviction" of IG Wala on charges of criminal defamation, unlawful assembly & incitement was almost certainly designed to chill civic freedoms. Here's why & how
premiumtimesng.com/news/headlines…
The allegation is that Mr. Wala made false allegations against the chairman of the National Hajj Commission of Nigeria (NAHCON), Abdullahi Mukhtar. Assuming this to be the case, this is easily redressed through proceedings in civil not #CriminalDefamation
#CriminalDefamation was invented by colonialists to knee-cap the anti-colonial struggles. It has been struck down as unconstitutional in most African countries, including most recently, Sierra Leone, Lesotho, Gambia. #Nigeria can't do worse
cpj.org/2018/05/lesoth…
5 yrs ago, In December 2014, the African Court on Human and Peoples' Rights struck down #CriminalDefamation as incompatible with the African Charter, (which is domestic law in Nigeria) preserving only the crime of incitement to mass atrocities
ipi.media/african-rights…
In 2010, continental human rights watchdog, @ACHPR, held #CriminalDefamation constitutes serious interference with free expression & impedes the media as watchdogs, preventing journalists and media practitioners to practice their profession without fear
achpr.org/sessions/48th/…
Concerning the crime of unlawful assembly, Mr. Wala was convicted because his Citizens Action To Take Back Nigeria (CATBAN) is said to be unregistered. But "unregistered" is not "proscribed". There's no requirement limiting the right to protest to only registered entities; none!
Finally, concerning incitement, making factually inaccurate claims against the head of the Hajj Commission could easily be civil libel. But it can't possibly (under any guise) rise to the threshold for the crime of incitement under either the Criminal Code or the Penal Code.
On all scores, the conviction of IG Wala is a travesty, which should not be allowed to stand. It should easily be set aside on appeal. Sadly, he would have spent quite considerable time in prison for crimes that don't exist & for prosecution that is evidence of abuse of power.
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