A Lagos-based lawyer, Chukwudi Enebeli, from Kemi Pinheiro SAN LLp chambers, has raised concerns about the alarming rise in hate speech and false claims against the judiciary, emphasizing the need for better social media regulation to safeguard judges.
He strongly criticized the misuse of social media by its users, asserting that those who contribute to the dissemination of hate speech, including both traditional and social media platforms, should be held accountable.
Enebeli, a partner at Pinheiro LP, participated as a panelist in a session titled “Fake News, Cyber Bullying, and Hate Speech on Social Media: What Is It and How Do We Deal With It?” during the ongoing 63rd Annual General Conference (AGC) of the Nigerian Bar Association (NBA) in Abuja.
During the session, he highlighted that fake news, cyber bullying, and hate speech pose serious challenges in Nigeria due to its diverse population and high illiteracy rate.
Enebeli pointed out that the right to freedom of expression, as enshrined in the Constitution, is not absolute. The Constitution acknowledges that an unchecked exercise of this right could lead to anarchy.
He noted that while the Cybercrimes Prohibition Act and the Electoral Act contain provisions to counter hate speech, little has been done by the relevant enforcement authorities to enforce these measures.
The lawyer also expressed his condemnation for both legal professionals and non-legal individuals who comment on ongoing judicial proceedings in a manner that could incite public resentment against the judiciary and the legal profession.
Enebeli stated: “We have witnessed an unprecedented surge in the frequency with which lawyers and non-lawyers take to social media to incite the public against judicial officers. We are observing this, and yet nobody is addressing it. What is particularly distressing is the fact that these judges are unable to defend themselves.”
He proposed the enactment of new laws to regulate social media and cyberspace. He stressed that both the service providers and various social media platforms need to be held accountable.
Enebeli elaborated: “In creating new laws, we should establish an offense that prohibits both lawyers and non-lawyers from disseminating any information, before, during, and after legal proceedings, which could incite public sentiment against the judiciary in relation to matters before the court.”
He continued: “Furthermore, there must be stringent penalties. Section 97(1) of the Electoral Act should also be amended to include the punishment of deregistering a political party and banning any candidate who campaigns on the basis of tribe, religion, or sectional reasons from participating in any election for a period of ten years. It is the severity of the punishment that acts as a deterrent.”
The panel also featured other members, including Prof. M.T. Ladan, the Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS), Mrs. Sola Salako-Ajulo, and DCP Uche Ifeanyi Henry.
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