ACN: Boko Haram’s Proscription Order Extra-constitutional

Alhaji Lai Mohammed

By: Onyebuchi Ezigbo

The Action Congress of Nigeria (ACN) has expressed concern that the recent proscription order against Boko Haram and Ansaru may stifle press freedom and tamper with the fundamental human rights of Nigerians.

The party said as desirable as the measure might be in tackling the terrorist organisations, implementation of the order might be used to gag the media from objective coverage of the military operations against Boko Haram.

In a statement Sunday by its National Publicity Secretary, Alhaji Lai Mohammed, the party said the order had made it easy for the federal government to clamp down on the opposition, which its sees more as an irritant than an indispensable part of democracy.

''We hate to say this has turned out to be prescient, in view of the dangerous provisions of the Boko Haram and Ansaru's proscription order.  The order's assault on the press freedom and the constitutionally guaranteed rights of ordinary Nigerians is unprecedented in the country's history. We therefore call on the federal government to take a second look at this order, with a view to resolving any conflict it may have with the constitution of the Federal Republic of Nigeria,'' the ACN said.

It therefore called on media professional bodies to challenge the order in court to save journalists from long jail terms simply for carrying out their constitutional duties.

In the alternative, the ACN called on the federal government to clarify the knotty and vague areas of the open-ended order that may end up punishing journalists and infringing on the civil liberties of the citizens more than it will curtail the activities of the sects.

''Against the background of insinuations in government circles, let us be clear that we do not condone the activities of these sects that have killed and maimed innocent Nigerians and turned a section of the country into a battlefield. Terrorism in all its ramifications is condemnable, and no responsible government will allow any group, no matter its name, grievances or ideology, to carry out terrorist acts unchecked.

''But we believe that whatever action government takes - even in an emergency - must pass the constitutional test, especially since the relevant sections of the constitution have not been suspended,'' the party said.

It added that the offensive section of the order is Section 5 (1), which prescribes a term of imprisonment of not less than 20 years ''for any person who knowingly, in any manner, directly or indirectly, solicits or renders support for the commission of an act of terrorism or to a terrorist group''.

ACN said "support", as defined by the order, includes ''incitement to commit a terrorist act through the Internet, or any electronic means or through the use of printed materials or dissemination of terrorist information”.

''Is this subsection not in conflict with Chapter II Section 22 of the Nigeria constitution which says 'The press, radio, television and other agencies of the mass media, shall AT ALL TIMES BE FREE (emphasis ours) to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people?'

''By stifling the press, is the order not abridging a part of the fundamental human rights guaranteed every citizen under Chapter Four of the Nigerian constitution in Section 39 (1), which states thus: 'Every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information.

''Can journalists escape being sentenced to 20-year jail term for publishing statements issued by the sects? Can they freely report on videos periodically posted on YouTube by Boko Haram leader Shekau? Can the media freely report the kind of massacre that took place in Baga in April without being held liable for 'supporting' terrorism? Can radio and television stations organise talk shows on terrorism without the discussants being held liable for 'supporting' terrorism?

''Can the opposition criticise the government's strategies against the terrorist sects, through its regular intervention, without being perceived as offering support to the sects? Does this order cover the satellite broadcast channels that can be accessed in many homes across the country? Who determines when this order has been breached? These are some of the questions that arise under the proscription order,'' the party said.

According to ACN, Nigeria  must take a cue from other countries, especially the United States, which are also battling terrorism, adding that the media in those countries have continued to report freely on the activities of the global terrorist organisation, Al-Qaeda, despite the horrendous attacks it has carried out in the US and Europe, among others.