By EMMANUEL ONWUBIKO
FROM the outset, I want to make my submission that free speech or what is generally regarded in our clime as freedom of expression (Section 39 (1) of the Constitution of the Federal Republic of Nigeria of 1999 (as amended) is a necessary requirement for waging a successful battle against social vices like corruption.
Muhammadu Buhari who marked one year on May 29th as a democratically elected President has made the fight against corruption his administration’s centerpiece. Although President Buhari has a military background with an antecedent that is less than salutary in terms of respect for fundamental human rights of citizens, he is now more than ever obliged to become the number one respecter of the constitutional freedom of expression or free speech if his administration is to make any considerable mileage in the crusade against corruption and economic crimes. This is in addition to him becoming a respecter of the due process of the law. Speaking about corruption, we will read what the international organisations have said about the menace and the threats it poses to the economic stability and growth of Nigeria.
The World Bank and other development partners such as the United Nations Office on Drugs and Crimes (UNODC ) have over the last few years estimated that Nigeria has lost over $400 Billion to corruption and financial crimes.
In the last one year alone, the Nigerian National Petroleum Corporation (NNPC) is reported to have withheld billions of dollars from Nigeria’s statutory Federation Accounts. Of course, the corporation has denied the reports.
A new analysis from the Natural Resource Governance Institute (NRGI), a United Kingdom-based natural resources accountability group, has shown that under President Buhari, NNPC has continued to withhold billions of dollars in oil sale revenues. The report, which is entitled “NNPC still holds blank cheque”, is a follow-up to a 2015 report on the activities of the NNPC by the NGRI.
It noted that the corporation still holds on to oil revenues without following laid down rules and regulations. The other day the Nigerian government was credited as stating that the nation as a political and corporate entity is broke or insolvent. It is generally believed that the inability of government officials to save the excess revenues that accrued to Nigeria when crude oil sold far above the budget benchmark for many years accounted for the adverse economic situation confronting us, especially with the rapid collapse of the international price of crude oil in the international market.
Because Nigeria failed to saved and build a good enough Sovereign Wealth Fund, the nation can barely service its basic obligations of paying monthly salaries to both the Federal civil servants and their counterparts in the 36 States of the Federation.
With the possible exception of only a few states such as Lagos and Anambra, all other States are broke and so rely on financial lifelines from the Federal Government to pay salaries of their workers even when their internally generated revenue profiles are shrouded in secrecy. The media are not allowed access even with the Freedom of Information Act. Sadly both the National and state governments have remained insensitive to critical issues affecting the well-being of Nigerians.
The National Bureau of Statistics recently released frightening statistics of an economy in trouble, with unemployment and inflation figures reaching catastrophic levels. Crime rate remains high even as corruption is said to be the master of all social crimes in Nigeria.
The question is, how do we combat these challenges? One way to ensure that the Justice system works against corruption is by liberalizing the space for free speech in Nigeria.
This is why it is commendable that the Nigerian people and the media being the fourth estate of the realm recognized under the Constitution in section 22 condemned the frivolous petitions bill by Ibn Na’Allah from Kebbi State.
This decision of the Senate brings us to the same argument that the best way to fight corruption is by respecting the constitutional right to freedom of expression.
The U.S. Supreme Court has often struggled to determine what exactly constitutes protected speech. Nigerians will inevitably benefit from knowing all these salient attributes of the concept of free speech The First Amendment states, in part, that: “Congress shall make no law…abridging freedom of speech.” Freedom of speech includes the right: Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines, 393 U.S. 503 (1969). To use certain offensive words and phrases to convey political messages. Cohen v. California, 403 U.S. 15 (1971). To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976). To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977). To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech would enable Nigerians to more basically point out the loopholes and suggest strategies going forward with the war on corruption by the agencies set up under the law to battle this scourge. It’s only in an atmosphere devoid of harassment that President Buhari can meaningfully actualise his dream of bringing corruption to a halt in the remaining three years of his four-year tenure.
n Onwubiko is Head of Human Rights Writers Association of Nigeria