The decision by supporters of the Nigeria Democratic Congress (NDC) to sing Nigeria’s former national anthem, Arise, O Compatriots, at the party’s Lagos town hall meeting has triggered debate on social media, with some commentators suggesting that the action amounts to criminality because the country has since adopted a different national anthem.

The incident occurred on Thursday, November 12, during the party’s gathering in Lagos, where prominent figures, including the NDC presidential candidate, Peter Obi, and the party’s Lagos governorship candidate, Funso Doherty, were among those present.

The singing of the former anthem at the gathering has attracted attention, particularly because Nigeria officially reinstated Nigeria, We Hail Thee as its national anthem in May 2024.

Some social media commentators have argued that deliberately singing the previous anthem amounts to disrespecting Nigeria’s national symbol and could constitute an offence under the law.

But does Nigerian law actually criminalise the singing of a former national anthem?

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An examination of the 1999 Constitution and the National Anthem Act 2024 suggests that the issue is more complicated than the social media arguments indicate.

What Does The National Anthem Act Say?

President Bola Tinubu signed the National Anthem Act 2024 into law on May 29, 2024, officially replacing Arise, O Compatriots, which had been Nigeria’s national anthem since 1978, with Nigeria, We Hail Thee, the country’s original anthem adopted at independence in 1960.

Section 1 of the Act expressly establishes Nigeria, We Hail Thee as the national anthem of the Federal Republic of Nigeria.

Section 2 further provides that the national anthem is a national symbol and sign of authority, adding that all persons, individuals and corporate entities must respect it and preserve its dignity.

Section 4 also provides that the performance and singing of the national anthem must follow the lyrics prescribed by the Federal Government.

These provisions establish the legal status of the current anthem and the obligation to respect it.

However, the Act does not expressly state that singing the former national anthem constitutes a criminal offence.

Neither does it prescribe a specific prison sentence or fine for anyone who sings Arise, O Compatriots.

Does The Constitution Make It An Offence?

Section 24(a) of the 1999 Constitution provides that it is the duty of every Nigerian citizen to respect the Constitution, its institutions, the national flag, the national anthem, the national pledge and legitimate authorities.

This provision is often cited in arguments about respect for national symbols.

However, Section 24 falls under Chapter II of the Constitution, which contains the Fundamental Objectives and Directive Principles of State Policy.

Section 6(6)(c) generally excludes questions concerning the enforcement of Chapter II provisions from the jurisdiction of courts, except where the Constitution provides otherwise.

Consequently, Section 24 does not, by itself, establish a criminal offence for singing a former national anthem.

What About Freedom Of Expression?

There is another constitutional provision that deserves consideration.

Section 39 of the Constitution guarantees every person the right to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without interference.

Section 40 also guarantees the right to assemble freely and associate with other persons, including forming or belonging to political parties.

These provisions are particularly relevant when considering the conduct of supporters at a political gathering.

If the singing of the former anthem was intended as a peaceful expression of political disagreement with the government’s decision to reinstate Nigeria, We Hail Thee, the supporters could argue that their action falls within the protection of freedom of expression.

However, these constitutional rights are not absolute and must be exercised within the limits prescribed by law.

What About The Criminalisation Argument?

The controversy over enforcing the new national anthem is not entirely new.

In July 2024, Speaker of the House of Representatives, Tajudeen Abbas, introduced proposed legislation under the Counter Subversion and Other Related Bills, which included provisions seeking to criminalise refusal to recite the national anthem.

The proposed legislation attracted considerable public criticism, particularly over provisions reportedly prescribing up to 10 years’ imprisonment for refusing to sing the anthem.

Following the backlash, Abbas withdrew the controversial bills in August 2024.

The proposed criminal penalties did not become part of the National Anthem Act 2024.

This distinction is important because a proposed law cannot be treated as an existing criminal law.

Section 36(12) of the Constitution also provides that no person shall be convicted of a criminal offence unless the offence is defined and the penalty prescribed in a written law.

So, Did NDC Supporters Commit A Crime?

Based on the provisions of the National Anthem Act 2024 and the relevant constitutional provisions, singing Arise, O Compatriots at a political gathering does not, by itself, establish that an offence has been committed.

Although the law recognises Nigeria, We Hail Thee as the country’s official anthem and requires respect for its dignity, it does not expressly criminalise the mere singing of the former anthem.

The distinction between expressing political disagreement and committing a legally recognised offence must therefore be maintained.

There could be other legal considerations if the conduct involved additional unlawful acts, but the mere choice of song is not enough to establish criminal liability under the provisions examined.

Ultimately, the NDC incident, involving prominent party figures including Peter Obi and Funso Doherty, raises a broader question about the relationship between national symbols, political expression and constitutional freedoms.

While Nigerians are expected to respect the country’s national symbols, disagreement with a government policy or decision does not automatically amount to criminality.

For now, the claim that NDC supporters committed a criminal offence simply by singing the former national anthem is not supported by an express provision of the National Anthem Act 2024.