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By
Olusola Adegbite,Esq.
Two days ago, I was privileged to be at the historic Thurgood Marshall US Court of Appeal for the 2nd Circuit, during which it was an honour to have audience with His worship, the Hon.Judge Loretta A.Preska of the US Federal District Court, who in the course of her fierce address opined that, “the easiest right to protect is the right of the people to say what government wants to hear, but the most important right to guarantee is the power of the People to always be able to say that which government will never want to hear”. When those words came, it immediately called to remembrance those cornerstones that formed the foundation of the concept of modern democracy, stones like the right to life, liberty and the pursuit of happiness. Inherent in the right to liberty particularly, is the preeminent right to free speech, thought, and conscience, without which liberty would have been useless. So powerful are these rights, that in all civilized countries they are wielded by citizens at every turn, with the effect that at anytime they are so exercised, no matter how much grief the exercise thereof may bring to any sitting government, they are condemned to protect it.
Two days later, I read the words of the Director of Defence Information of my countrys Army, Major-General John Enenche saying the Nigerian Army now has strategic media centres that monitor the Social media, to be able to sieve out and react to all the ones that will be anti-government, be anti-military, and anti-security. Apparently in the ambition to present himself as being a Good Boy, loyal to the Presidents red-line gaffe, General Enenche ended his infamous remarks by saying, we will tackle them appropriately with appropriate response. Interestingly, this is not the first time we will be having loyal good boys of the Army, pandering to the Presidency. Many have come, gone, and forgotten. After all one General Chris Olukolade did more than this for President Goodluck Jonathan, but when the Buharist came they threw him out, and the rest is history. After reading the Enenche remarks however, it became apparent that the Presidency had become the proverbial “Sigidi”, who began to orchestrate his own end, by daring anyone to a swimming duel in the river.
Apparently, the Army and those who it represents do not have any learning about the inheritances of Men under a 21st Century Democracy. They think everyone is still in 1984. Maybe the Army is there, but not me. The right to free speech is captured in the spirit of the greatest Human rights document of the 20th Century, the Universal Declaration of Human Rights (UDHR) 1948, particularly in Article 19. The same was later reaffirmed with force, in its sibling-treaty the International Covenant on Civil and Political Rights (ICCPR), 1966. The ICCPR introduces reasonable limitations which include slander, libel, sedition, copyright violations, and right to privacy, which applies to private individuals, and Public security, which is directed at the State. I make bold to say that free speech on Social media, street protest, or any other platform is not limited by the rules of slander or public security, rather they are the custodian of the survival of any democracy. Any democracy that bans free speech, dies immediately.
It is a shame for an Army that claims to be professional to be parroting the Presidents chest-beating of People being warned not to cross a red-line. Dear General Enenche, I am a Nigerian Citizen, I am neither a Cheer leader of government, nor a babysitter. I am a Nigerian who knows his rights, and intelligently understands his role as a citizen. Those rights are not only recognized in Nigeria, they are protected internationally. My job is to hold government accountable, expose their lies, inadequacies, and cluelessness, and accordingly shame them where necessary, and this I have done consistently for over 15 years. I say with every sense of responsibility that it was in this same manner that I spoke out against the Governments of Chief Olusegun Obasanjo and Dr.Goodluck Jonathan, who I and others took more time, to take to the cleaners, than your current paymaster. Let me remind you, that Dr.Goodluck Jonathan has the record of being the most insulted President in Nigerias short history, he was called all manner of names and derided by your Lai Mohammed, yet no one went to prison. Even that world-class Newsmagazine, the ‘Economist’ called him ‘a Ineffectual Buffoon’, and your people in government today were the first to clap.
Dear General, let me reiterate clearly, that you CANNOT seize, arrest, nor impound my right to free speech. The Army you represent is a section of what is known as the ‘Armed Forces of the Federation of Nigeria’, and not the ‘Armed Forces of General Muhammadu Buhari’. I refer you to Section 217 of the Nigerian Constitution. It is therefore a monumental shame that, that same Army will behave in this manner and make this kind of reckless statement. This is indeed a sad day for Nigeria and another deadly tackle on the wobbling steps of her infant democracy. The Presidency and those therein should cover their faces in shame for allowing this sort of statement go out. This is the worst statement I have heard under any Nigerian President since democracy returned in 1999 and it is so crushing that it is coming under a General Buhari that many people had so much expectation of. Again, I repeat General, I am a Nigerian citizen and not a government cheer leader. As always, all I want is to be satisfied by history.
Olusola Adegbite, Esq.is a Lecturer in the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria. He is currently away at the Benjamin N.Cardozo School of Law, United States.
