41.
The present application is instituted by the Applicants impugning the Draft
Bill on Hate Speech which they alleged is before the National Assembly of
the Respondent, where it is being considered. They contend that by initiating
such a Bill, the Respondent aims to censure the press, to put a wedge to the
exercise of the right to freedom of expression, to threaten, to limit, to muzzle,
to suppress and to weaken the freedom of expression in Nigeria.
42.
The Applicants further state that by acting in such manner, the Respondent is
planning to limit, through legislations, the exercise of the right to freedoms
and liberties as enshrined under Article 9 of the African Charter, Article 19 of
the UDHR ICCPR respectively, as well as international norms on freedom of
expression and the press.
43.
A careful analysis of the instant Application reveals that it seeks from the
Court an examination of an ongoing legislative process that has not yet
crystalized into law. The Application requests the Court to examine a
proposed bill in its incubation stage, which the Applicants fear, if passed into
law would lead to restraining the exercise of the right to freedom of expression
and opinion.
44.
In alleging past, present and future human rights violations as an offshoot of
the impugned legislative process, the Applicants in support of their claims,
invoke anticipatory violation of Articles 9 of the African Charter and 19 the
ICCPR and UDHR respectively as well as the violation of the principle of
proportionality in the legislation of the restrictions on the rights as enshrined
under Article 27(2) of the African Charter.
45.
As a general principle of law in cases of human rights violation, it is the duty
of the Court to examine thoroughly the Application with the view to
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