Blog Feed

News

Buhari will be my first witness in the court if! Sowore is charge to court because Buhari called for revolution in the year 2011- Falani Femi

Lawyer Femi Falana on Tuesday August 6, warned that Buhari will be his first witness in court if the Department of State Services (DSS) arraigns the convener of #RevolutionNow movement Omoyele Sowore, in court.

The human rights activist and Senior Advocate of Nigeria (SAN) made the disclosure at an event organised by the Chartered Institute of Bankers of Nigeria (CIBN). Revealing that he has been in contact with Sowore following his arrest on Saturday August 3, Falana recounted how the Nigerian President “called for revolution in 2011” though he didn’t mention his name directly. He further disclosed that the former Presidential candidate of the African Action Congress (AAC) refused to write statement, insisting he must speak to his lawyer.

“I do hope that the government will not be stupid to charge Sowore. In fairness to them (DSS), they gave him a telephone to phone me. Of course I knew they were monitoring the phone, and I told him I hope they won’t charge you, because if they do, some of the people in government will be our witnesses,” he said.

You know why? One of them, I won’t mention his name. In 2011, he asked Nigerians to learn from the Egyptian revolution and be ready for a revolution in Nigeria. So, he will be my first witness.
“The late Chief Gani Fawehinmi and four other people were charged with treasonable felony by the Ibrahim Babangida junta. I was one of them. We were detained in Kuje prison for two months. We were taken to the court, and what was the offence? I think we went beyond Sowore. We posted thousands of posters across the country, that Babangida must go. That was the treasonable felony” he said.

Though it is still not clear if the DSS will be charging Omoyele Sowore to court, however it be noted that President Buhari called for ‘revolution’ through an electoral process in 2011.

News

Protest marches are not treasonable offences in Nigeria- By Femi Falana

The satanic Boko Haram sect was officially banned in Nigeria by the federal government and declared a terrorist network in June 2013. The office of the Attorney-General of the Federation has since successfully prosecuted many of the members of the sect for sundry offences under the Terrorism Prevention (Amendment) Act. The Special Prosecutor of the International Criminal Court has also investigated and indicted the leaders of the sect for committing crimes against humanity. Having regards to the brutal killing, rape, abduction and bombing of innocent people in the north east region the Nigerian people are fully in support of the proscription of the dreaded sect and the counter insurgency operations being carried out by the armed forces.

However, it is worrisome that the Buhari administration has decided to extend the ambit of the Terrorism Prevention (Amendment) Act to cover individuals and organisations that are crititical of official policies or perceived marginalisation within the federation. Thus, the Indigenous People of Biafra (IPOB) was proscribed as a terrorist body in 2017 for agitating for the excission of the Republic of Biafra from Nigeria while the Islamic Movement of Nigeria (IMN) was proscribed last week for organising rallies to compel the federal government to comply with a court order by releasing the Shia leader, Sheikh Ibraheem Elzakzaky and his wife from custody.

Yesterday, the authorities of the Nigeria Police Force threatened to prosecute the organisers of the peaceful rallies scheduled to hold in Nigeria on Monday August 5, 2019 for terrorism and treason to press for a change in the poverty induced agenda of the federal government. If this trend of accusing every person of engaging in terrorist activities or treasonable felony for criticising the Buhari administration continues the Nigeria Police Force and the State Security Service will soon turn Nigeria into a country of terrorists. To stop the dangerous trend it is high time the federal government restrained the security agencies from further exposing Nigeria to ridicule in the comity of civilized nations.

Indeed, by virtue of section 37 of the Criminal Code Act, any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death while section 41 provides that any person who forms an intention to remove the President during his term of office otherwise by constitutional means is guilty of treasonable felony and is liable to be sentenced to life imprisonment. The Terrorism Prevention (Amendment) Act has defined an act of terrorism to include any act which is deliberately done with malice which may seriously damage a country or an organization, or seriously intimidate a population, otherwise influence government by intimidation, destroy public facility, seize an aircraft, ship or other means of public transport likely to endanger human life or in result in major economic loss etc.

From the above definitions of treason, treasonable felony and terrorism it is crystal clear that the organisers of the peaceful rallies cannot be said to have planned to engage in acts of terrorism or formed an intention to remove President Muhammadu Buhari from office. The intention of the organisers of the rallies to protest the worsening security situation in the country, demand for payment of N30,000 minimum wage to workers and job creation for our army of unemployed youths etc cannot by any stretch of imagination be said to constitute terrorism or treason in any material particular.

No doubt, the Nigeria Police Force has capitalized on the use of the word “revolution” to criminalise the protests. If revolution has become a criminal offence in Ngeria why were the leaders of the APC not charged for claiming to have carried out Ngeria’s democratic revolution which terminated the 16-year rule of the PDP in 2015? Why was Dr. Kingsley Chiedu Moghalu, the presidential candidate of the Young Progressive Party (YPP) not threatened with treason when he asked Nigerians to rise up for revolution via the 2019 general election? Did all nigerian senators led by APC members not commit trrason or terrorism when they spent one and a half hours on May 14, 2019 to debate Senator Chukwuka Utazi’s timely motion on “Bridging the gap between the haves and have-not to nip in the bud the seeds of a looming violent revolution”?

I wish to submit, without any fear of contradiction, that neither the Criminal Code Act nor the Terrorism Prevention (Amendment) Act has classified the demand for revolution in Nigeria as a treasonable offence or terrorist activity. The statement credited to the Police is a sad reminder of the jittery reaction of the British Colonial invaders to series of lectures organised by the Zikists Movement in 1948 which Comrade Edwin Madunagu has described as a major intervention at a time that bourgeois politicians were dividing the country along ethnic lines. For demanding revolution via public lectures the Zikists were charged with sedition, tried, convicted and jailed. In proving the charge, Osita Agwuna was alleged to have said that he was no longer bound by colonial laws and that he had asked Nigerians to stop paying taxes to the British colonial regime.

Agwuna who delivered the first lecture in Lagos, Tony Enahoro who was the chaired the lecture and Habib Abdallah who delivered the second lecture together with Oged Macaulay were convicted and sentented to prison terms ranging from 6 months to 3 years. In Director of Public Prosecutions v Dr. Chike Obi (1961) 1 NLR 186, the respondent was charged with sedition, tried and convicted for distributing a pamphlet in which he had said, “Down with the enemies of the people, the exploiters of the weak and oppressors of the poor” directed at the federal government. However, in in the case of Arthur Nwankwo v The State (1985) N.C.L.R. 228 the provisions of the Criminal Code which provided for sedition and seditious publications were declared illegal and unconstitutional by the Court of Appeal on the ground that they constituted a violation of the fundamental right of Nigerian to freedom of expression.

Since the Shehu Shagari elected government was overthrown by a band of coup plotters led by General Muhammadu Buhari in December 1983 the Constitution was suspended. Consequently, Nigerians were subjected to intimidation and ruled by martial law. In May 1992, I was one of the five civilians charged with treasonable felony by the Ibrahim Babangida junta for organizing protests demanding an end to military rule in the country. The late Chief Gani Fawehinmi SAN and I who represented ourselves and the other defendants argued that street protests were not captured under section 41 of the Criminal Code. We also argued that it was ironical that General Babangida and his fellow coup plotters who should be standing trial for treason had turned round to charge us with treasonable felony for merely organising street protests and rallies to end a corrupt military dictatorship in our country.

Apparently embarrassed by our submissions the Babangida junta abandoned the case and abandoned it. In the circumstances, the charge was struck out for want of diligent prosecution while we were discharged by the trial Chief Magistrate. However, some journalists and human rights activists were not so lucky as they were convicted for being accessories after the fact of treason by the Sani Abacha junta. But with the restoration of democratic rule in May 1999 the Treason Offences Decree No 29 of 1993 was repealed.

On duty of the Police to provide security during rallies

Under the current political dispensation the anti democratic tendencies of the Peoples Democratic Party (PDP) were regularly challenged by the Nigerian people. Incidentally the opposition political parties were involved in resisting the encroachment of the fundamental rights of citizens to freedom of expression and freedom of assembly. On September 23, 2003 the leaders of the defunct All Nigeria Peoples’ Party (ANPP) including General Muhammadu Buhari and Dr.Chuba Okadigbo held a rally in Kano, Kano State to protest the alleged rigging of the 2003 general election. Embarrased by the development the Olusegun Obasanjo administration directed the police to stop the rally. Accordingly, the Police violently disrupted the rally and dispersed the participants with heavy dose of teargas. Two days later, Dr. Okadigbo passed on due to breathing problems. The ANPP blamed the federal government for Dr. Okadigbos’s death which was alleged to have arisen from the poisonous teargas used by the Police to stop the rally.

In order to put an end to such crude violation of the freedom of expression through demonstrations and rallies by aggrieved Nigerian people the ANPP instructed our law firm to challenge the disruption of the Kano rally. Thus, in the case of ANPP v IGP (2006) CHR 181, the plaintiff questioned the constitutional validity of police permit as a conditionality for rallies, marches and other public meetings in Nigeria. In her judgment delivered on June 25, 2005, the presiding judge, Chinkere J. held that police permit was illegal and unconstitutional as it was inconsistent with sections 39 and 40 of the Constitution and Article 11 of the African Charter on Human and Peoples’ Rights Act (Cap A9) Laws of the Federation of Nigeria, 2004.

According to the learned trial judge, “I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association.” Consequently, the court granted an order of perpetual injunction restraining the Inspector-General of Police “whether by himself, his agents, privies and servants from further preventing the Plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.”

The epochal decision of the federal high court was upheld by the Court of Appeal in the case of IGP V ANPP (2008) 12 WRN 65. The Presiding Justice, Adekeye JCA (as she then was) asked “…how long shall we continue with the present attitude of allowing our society to be haunted by the memories of oppression and gagging meted out to us by our colonial masters through the enforcement of issuance of permit to enforce our rights under the Constitution?” On the fear that a rally might lead to a breach of the peace, her ladyship said that “our Criminal Code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.”

Happily, the Police decided to abide by the judgment with respect to the management of public protests. Hence, in the Nigeria Police Code (issued in 2010) it is expressly stated that police officers shall “maintain a neutral position with regard to the merits of any labour dispute, political protest, or other public demonstration while acting in an official capacity.” On the basis of the new official policy the Police provided security for the members of the Nigeria Labour Congress and Trade Union Congress during the anti fuel protests. Similarly, the Police did not disrupt the street protests convened by the Save Nigeria Group when the late President Umoru Yaradua was said to have been admitted in an undisclosed foreign medical centre in 2010.

However, in 2014, in violation of the judgment and the Police Code the Federal Capital Territory Police Command decided to stop the daily rally held in Abuja by the Bring Back Our Girls (BBOG) members in Abuja to remind the State of its responsibility to free the abducted Chibok girls. But the ban was successfully challenged by the BBOG at the Federal Capital Territory High Court through our law firm. In upholding our submissions in the unreported case of Hadiza Bala Usman &Ors v Commissioner of Police & Anor. (Suit No: FCT/HC/CV/1693/2014 of 30th October, 2014) Aladetoyinbo J. held that “it is wrong for the counsel to the Respondent (IGP) to insist that the Applicants must obtain Police Permit before they can gather together for their peaceful protests.”

In view of the judicial recognition of the fundamental right of Nigerians to convene and participate in rallies, protest marches and other public meetings for or against the government the National Assembly was compelled to amend the Electoral Act, 2010 in March 2015. Thus, section 94 (4) of the Electoral Amendment Act, 2015 states that “Notwithstanding any provision in the Police Act, the Public Order and any regulation made thereunder or any other law to the contrary, the role of the Nigeria Police Force in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection 1 of this section.”

In the light of the relevant constitutional and statutory provisions and judicial authorities which have recognised the fundamental right of the Nigerian people to convene and participate in rallies, demonstrations and protest marches the threat of the Nigeria Police Force to stop the August 5, 2019 should be withdrawn without any further delay. Furthermore, the Inspector-General of Police, Mr. Mohammed Adamu is advised to direct the Commissioners of Police in all the states of the federation earmarked for the protests to ensure that adequate protection is provided for the organisers and participants as required by law.

The State Security Service should release Mr. Omoyele Sowore, one of the conveners of the protests. In the alternative, he should be arraigned in court if there is reasonable suspicion that he has contravened any penal statute. However, the nation’s security agencies should stop embarrassing President Buhari who had cause, from 2003-2014, to lead peaceful rallies to protest election malpractice and insecurity in the country.

Finally, the attention of security agencies is hereby drawn to that part of the judgment of the Court of Appeal in IGP v ANPP (supra) wherein Justice Adekeye cautioned thus:

“A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilized countries- it will not only be primitive but also retrgressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”

News

Cultist arrested on his way to eliminate rival member .

A notorious cultist, Biodun Adelokun, has been arrested by policemen in Ogun State, while on his way to kill a member of a rival cult in Ogijo.

Adelokun was arrested with a locally-made cut-to-size pistol, a live cartridge and an axe.

The suspect confessed to being a member of the dreaded Aiye cult group and said he is the chief executioner of his group.

He admitted further that he was on his way with two others to eliminate a member of another cult before he was arrested

Politics

Sule Lamido visits Abubakar Atiku in Dubai

Former Governor of Jigawa State, Alh. Sule Lamido on Saturday 3rd of August met privately with PDP Presidential Candidate and Former Vice-President, Atiku Abubakar in Dubai.The leader of the ‘Talakawas’, Lamido was accompanied by Alhaji Mustapha Sule Lamido and Abubakar Sule Lamido.

Below is the statement, in part, signed by Atiku’s media adviser, Paul Ibe;

“The administration has been groping in the dark since 2015, the reason majority of Nigerians decided not to reward their failures during the February 23 presidential poll consequently leading to the heist that characterized the conduct of that poll.”

“A Commander-in-Chief, who fits the bill will not act unconstrained about reports from a reputable media organization on welfare and wellbeing of troops at the frontline of combat. Shamefully, however, up till this moment, the Buhari administration won’t cause even a blinker on the damning report. Like is the case with other dysfunctional aspects of the system, his (Buhari’s) administration prefers to live in denial, relying on propaganda – the only machine that they know how to operate without a glitch.”

“We need to restate that Atiku Abubakar respects the practical purpose of the judiciary as an arm of government saddled with the responsibility of dispensing justice. Therefore, for the Buhari administration to call out the judiciary on how they might choose to do their job is not only an emotional blackmail to the bench, it is also very disrespectful to the integrity of the honourable justices of the court of law.”

Religion

FOR CHRIST’S SAKE – Femi Aribisala.

God cursed the earth for Adam’s sake. Then he blessed the world for Christ’s sake.

I am sure you have heard the expression time and again. You may have used it yourself occasionally to make an emphatic point. In a moment of desperation, we burst out: “Why don’t you just leave me alone ‘for Christ’s sake?’” Or when we want to insist on getting something from someone, we cry out: “Give it to me ‘for Christ’s sake.’”

But even when our antagonist is a Christian, it does not always have the desired effect. Your tormentor refuses to leave you alone. He does not give you back your pen; not even for Christ’s sake.

The problem is that the expression has become so commonplace, it is now starched of meaning. Notwithstanding, its spiritual significance and power remain in the right context. God does nothing for man’s sake. “All have sinned and fall short of the glory of God.” (Romans 3:23). But God does everything for Christ’s sake. Jesus is the solitary sinless one to whom God testifies: “This is my beloved Son in whom I am well pleased.” (Matthew 3:17).

By the same token, we don’t get credit from God for anything we do. We only get credit for the things we do for Christ’s sake. Besides, everything we have, we have for Christ’s sake. Alas, God cursed the earth for Adam’s sake. But thanks be to God, he blessed the world for Christ’s sake.

Our friend

The father went with his wife and four children to watch “The King of Kings” in the cinema. He told them to wait while he went to buy the tickets. When he came back, he distributed them one-by-one to them and found to his surprise one strange boy stretching out his hand to receive a ticket from him.

“I’m sorry,” he said to him, “but I don’t know you.” “Who are you?” he asked in puzzlement. “Father, he is my friend,” said his son. “Please, give him a ticket for my sake.” And so, although the father did not know him, he ended up giving a ticket to a complete stranger simply because of his son.

We do so many things for the sake of our children. We watch lousy films. We read bedtime stories again and again. We work extra hours to get extra pay. All for the sake of little Johnny. So it is with Christ. There is nothing we have that we did not receive; and everything we receive is because of Christ.

Gift of God

A gentleman gave a gold wristwatch to a lady working in the same office as him. However, the lady does not even know the man. Should she accept the gift or not? If she accepts it, what would be the implication? She needs to know why someone she does not know would give her such an expensive gift.

A Good Samaritan rescues a dying traveler from the hands of armed robbers. He rushes him to the hospital and pays all his bills. While there, he comes every day to see him and nurses him back to health. What is the catch? Why would a perfect stranger take so much interest in him?

Why would God give anyone something as precious and expensive as eternal life? He does this for only one reason: for the sake of Christ his son.

Our heritage

Who was the lady given the expensive watch? Was it the young and beautiful girl that works in the Administrative Department? It would have been understandable if it had been her. But No! It was the old and surly woman who cleans the toilets.

“Which woman?” “You mean the one nobody talks to: the one who doesn’t smile?” “Yes. That’s the one.” “Why give someone like that such an expensive wristwatch? What is she going to do with it? What function is she going to wear it to? Is she going to wear it while she is cleaning the toilets? Oh! What a waste.”

Christ makes us deserving. We are deserving for Christ’s sake. God wrote a reference for Abraham. He also wrote a reference for Job. Do you suppose they will get the job they are applying for? If a man takes a loan and God guarantees the loan, do you think he can default? You must be joking!

We can get anything and everything from God not because we deserve it but because Jesus deserves it. Jesus is our guarantor. Therefore, ask in Jesus’ name.

Thus says the Lord to his disciples: “When that time comes, you won’t have to ask me about anything. I tell you for certain that the Father will give you whatever you ask for in my name. You have not asked for anything in this way before, but now you must ask in my name. Then it will be given to you, so that you will be completely happy.” (John 16:23-24).

What precisely has God given us for Christ’s sake? He has given us all things. “For the LORD God is a sun and shield; the LORD will give grace and glory; no good thing will he withhold from those who walk uprightly.” (Psalm 84:11). If it is the good Lord who is our shepherd, then we shall not want for any good thing.

Our vantage point

The Minister of Finance comes from a little nondescript village in Bayelsa. One day, they came to tar all the roads in the village. The next day, they connected the village to the national grid, so there is now electricity there. The day after that, they came to build three boreholes in the village.

Why are they doing all that in such a remote village? They are doing it because the Minister of Finance comes from the village.

Do you know why the sun is shining today? Do you know why the wind is blowing? Everything is the way it is because of the grace we have received in Christ. Therefore: “Whatever you do in word or deed, do all in the name of the Lord Jesus, giving thanks to God the Father through him.” (Colossians 3:17).

Name change

If God saved you for Christ’s sake, what will you do for Christ’s sake? Will you allow yourself to be cheated? Will you suffer persecution for Christ’s sake?

Jesus says: “Blessed are you when they revile and persecute you, and say all kinds of evil against you falsely for my sake. Rejoice and be exceedingly glad, for great is your reward in heaven, for so they persecuted the prophets who were before you.” (Matthew 5:11-12).

Living for Christ means we sometimes choose affliction. For he says: “Whoever desires to save his life will lose it, but whoever loses his life for my sake will find it.” (Matthew 16:25-26). He says furthermore: “I will show (you) how many things (you) must suffer for my name’s sake.” (Acts 9:16).

Oh Lord, make haste to help me. Please don’t turn your back on me: “O LORD, you know; remember me and visit me, and take vengeance for me on my persecutors. In your enduring patience, do not take me away. Know that for your sake I have suffered rebuke.” (Jeremiah 15:15). For I am now called by your name.