One Love Foundation, a foremost human rights organisation in Nigeria committed to truth, public interest issues, and securing justice for all defenceless citizens, has condemned the press release by the Nigeria police force ,and the nigeria police pro to arrest, prosecute and gag comedian Cute Abiola as illegal and unconstitutional. During the week, the foundation was informed about a certain press release by the Nigeria police force to press criminal charges against comedian cute Abiola for performing in a comedy skit and using costume attires similar to that of the nigeria police force personnel citing same as an infraction of section 251 and 133 of the criminal code and penal code respectively. They however took note of same and went ahead to react as follows:
- In the said comedy skit, Cute Abiola’s skits depict the corruption in the Nigeria Police Force. It cannot be reasonably argued that his conduct in the videos complained about by the Nigerian Police Force do not convey a specific message, nor can anyone reasonably argue that the message conveyed will not likely be understood by his audience.
- It follows that, Cute Abiola’s skit depicting the endemic corruption of the Nigerian Police is an expressive conduct that qualifies as speech.
- Moreover we wish to state that the criminalization of Cute Abiola’s speech in the comedy skit is constitutional in the sense that the The Nigerian Police Force partly relies on section 251 of the Criminal Code Act to justify their position referenced in the press release which they would use to prosecute Cute Abiola. The law for the avoidance of doubts states that:
Any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira.
The provisions of this law seek to punish individuals who wear uniforms or dresses that “in such manner or in such circumstances as to be likely to bring contempt on that uniform”. In other words, if the wearing of the uniform does not seem to bring “contempt” to the armed or police forces of Nigeria, an individual will not face criminal punishment. Simply put, the provision discriminates against speech that is unfavorable to the Police. The Constitution forbids this viewpoint restriction. The Nigerian Supreme Court in Arthur Nwankwo v The State (1985) 6 NCLR 228, 237 had this to state thus:
The decision of the founding fathers of the present Constitution which guarantees freedom of speech which must include freedom to criticize should be praised and any attempt to derogate from it except as provided by the Constitution must be resisted. Those in public office should not be intolerant of criticism in respect of their office so as to ensure that they are accountable to the people. They should not be made to feel that they live in an ivory tower and therefore belong to a different class. They must develop thick skins and where possible, plug their ears with wool if they feel too sensitive or irascible.
It is submitted that the law is unconstitutional to the extent that it seeks to punish expressions that are not favorable to the armed and police forces. Any law that seeks to punish speech because of its subject, content or viewpoint is presumptively unconstitutional. - We are by this press release advising the nigeria police force that any attempt to arrest or prosecute cute abiola shall lead to mind blowing public interest court case against the nigeria police force, as seem will be seen as an attempt to punish, persecute an innocent citizen of nigeria for a non existent criminal allegation.
4, We have also notice in recent times, the disdain and character of the nigeria police force pro in the person of now Acp muyiwa adejobi towards comedian and comedy skits in nigeria, we wish to state that, comedy expression is now an acceptable form of relief in nigeria and is legal. There is nothing legally he can do whatsoever to even stop production of comedy like that of cute abiola and others. - The Foundation hopes the press release shall clear any ambiguity and straighten the morale of comedians in nigeria, that the conduct of cute Abiola is not illegal and hence they should not be demoralize at all.
- Dr Patrick Eholor.
- Global president
- One love foundation
Co sign.
Yours faithfully.
Is
Ihensekhien samuel.
Legal representative
One love foundation
