The Deputy Director-General of the All Progressives Congress Presidential Campaign Organisation, Senator Olorunnimbe Mamora, has said that the social media bill can be annulled if it is not in tune with the constitution.
The senator in a recent interview with The Punch, speaks on the ongoing social media bill and various national issues.
A controversial social media bill introduced by Senator Bala Na’Allah, among other things, prescribes a two-year jail term for anyone who makes false allegations against or offensive remarks about other people on social media. What do you think of this bill?
I have not seen or read the bill so I cannot in all sincerity say that I have a full understanding of the bill. Having said that, you know we talk of the supremacy of the constitution under Section 1 of the constitution and again, you also have freedom of expression in the constitution. The constitution also talks about a restriction. It states that despite all the rights granted under the constitution, the National Assembly is free to make laws that will protect the right of the people if it is reasonably justifiable. In mentioning these various provisions, what I am saying is that at the end of the day, if the National Assembly makes a law or an Act that is not in consonance with the letters and the spirit of the constitution, of course you can be sure that it will never stand because it will be challenged in court and the court may strike it out if it is in the opinion of the court that it is not in consonance with the constitution.
If the bill is passed by the Senate, does it go into effect immediately?
No. Every bill passed by either of the two houses in the National Assembly must be agreed to by both chambers (the Senate and the House of Representatives). There must be a concurrence before it is sent to the President for assent. The concurrence is just a simple majority. However, if the President refuses to sign it and the National Assembly wants to veto it, at least two thirds of both chambers must agree on the matter. And even if the National Assembly succeeds, the matter can still be challenged in court.
In a related development, President Muhammadu Buhari has dissociated himself and his administration from the controversial bill titled An Act to Prohibit Frivolous Petitions and Other Connected Therewith.
The Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, in a statement said
the President has promised to defend the constitution of Nigeria he swore to uphold and wouldn’t assent to any legislation that may be inconsistent with the constitution of Nigeria.
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