The Abuja-based car dealer, popularly known as Sarkin Mota, has for a long time now made civil servants the unfortunate target of his marketing gimmick. An enduring act which has drawn him ill fame from not just civil servants of lower classes, but also professors of the highest standing.
The Coup de grâce of his affront was delivered when he once again committed the ill-humoured act using the A.I feature on one of his vehicles, pouring pristine salt on an already festering injury. And as you probably know already, it was what prompted the written reproach from the National Orientation Agency (NOA).
However, a question arises: “Are his actions in contravention of any laws in Nigeria?” “Is there no law against such dastardly acts that insults the already down-trodden hardworking men and women whose blood, sweat and tears keeps the wheels of Nigeria in motion?”
Well, inasmuch as it is elementary law that every Nigerian is imbued with the inalienable right to freedom of expression, it is equally an elementary position of the law that the right to freedom of expression is not without its limitations. In light of this, we will be analysing the legality or otherwise of the actions of Sarkin Mota, from the lenses of the NOA Act, the penal code, and last but not the least, the Advertising Regulatory Council of Nigeria (ARCON) Act 2022.
As the name implies, the ARCON Act is the foremost law in Nigeria which regulates the practice of advertising literally anything in Nigeria, be it physically or virtually, as in the case of Sarkin Mota.
It is an undeniable fact that Sarkin Mota’s Videos are recorded and uploaded to advertise his merchandise to the creme de la creme of Nigeria. However, from the barrage of videos he uploads, one can’t help but ask if all his videos were vetted and approved by the Advertising Standards Panel(ASP) as required by Section 9(F) of the ARCON Act.
As a matter of fact, Section 54 of the ARCON Act criminalises the act of sponsoring, benefiting or creating any advertisement exposed to the Nigerian market with getting the prior approval of the ASP.
The question now is, has Sarki Mota complied with this?In addition, Article 22 of the Nigerian Code of Advertising 2023 inter alia prohibits the denigration of any, person, group of persons, firm, organisation, industry, or commercial activity, or profession is such a way that brings them into public contempt or ridicule. There’s no gainsaying Sarkin Mota has violated this Article in more ways than one. Now let’s redirect our attention to the Penal code.
Section 114 of the Penal Code states that “Whoever does an act with intent to cause, or which is likely to cause, a BREACH OF THE PEACE OR DISTURB THE PUBLIC PEACE shall be punished with imprisonment which may extend to three years, or with a fine.”
Similarly, Section 417 of the Penal Code provides: “Whoever seeks to excite hatred or contempt AGAINST ANY CLASS OF PERSONS in such a way as to ENDANGER THE PUBLIC PEACE shall be punished with imprisonment for a term which may extend to three years, or with a fine, or with both.”
Judging from the fact that the NOA saw a need to put out a warning to Sarkin Mota to desist from such acts to allay the emotions of the insulted civil servants may be evidence to show how his words endanger the peace of our society if allowed to continue, as these civil servants make up a large fraction of the Nigerian populace.
In a society perennially battling with systemic corruption and decay, it is unfair and counterproductive to target this group of citizens simply trying to do their jobs in peace with a pittance they begrudgingly manage as a salary.
Given that civil servants are the fulcrum of all national activity, it is not only unwise but potentially dangerous to continually castigate them for their choice to serve the nation. We’ve all seen how the entire nation grinds to a halt when they decide to strike.
The National Orientation Agency (NOA) was justified in issuing a caution to Sarkin Mota, as doing so falls squarely within its statutory mandate and functions. Section 3(1)(f) of the National Orientation Agency Act mandates the Agency to: ”Propagate and promote the spirit of dignity of labour, honesty, and commitment to qualitative production, as well as the promotion and consumption of home-produced commodities and services.”
Sarkin Mota’s ongoing ridicule of civil servants violates the very principle of dignity of labour that this section seeks to uphold. Moreover, under Section 4(j) of the same Act, the NOA is empowered: “To restore and sustain discipline in national life.”Issuing a public caution against such behaviour is consistent with these aforementioned statutes and aligns with the general spirit and aims of Nigerian law. The maintenance of public order, peace, and decency.
While some may argue that the NOA’s action infringes upon Sarkin Mota’s constitutional right to freedom of expression, it is important to recall that this right is not absolute. Under Section 45 of the 1999 Constitution, rights such as freedom of expression may be lawfully restricted in the interest of public order, morality, and the rights of others.
Sarkin Mota’s conduct, when viewed in light of his potential violations of the Penal Code, the ARCON Act, and the NOA Act, cannot be shielded by the umbrella of free speech. Rights come with responsibilities and no one’s right to expression includes the freedom to demean others, especially in ways that may threaten social harmony. One man’s rights stops where another begins.
Isah Ibrahim Egya is a law student of the Faculty of Law ABU Zaria. He has a keen interest in Legal Marketing and Advertising, Contracts Law, Labor Law and IP law.
He is a legal writer and the co-author of “Before You Sign The Contract: 30 Rules Every Professional Must Know”. You can contact him via +2348108261659 or ibrahimegya4@gmail.com
Aliyu Abdullahi Amir is also a law student of Ahmadu Bello University, Zaria with a keen interest in Dispute Resolution(Litigation) and Data privacy, Tech law, and Blockchain Law.
He is also a legal writer, a researcher, and you can reach him via +2348166753664 or Hikmalex3@gmail.com
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