El Rufai and Napoleon Complex
“IT IS TRITE LAW THAT, HE WHO ALLEGES, MUST PROVE. JUST BECAUSE SOMEONE CALLS FOR A REVOLUTION, CANNOT AUTOMATICALLY TRANSLATE TO A PLAN TO VIOLENTLY OVERTHROW A GOVERNMENT”
Confusion
Iknow that I’m a Lawyer by training, but, I am truly starting to get confused, not just about the interpretation of our laws and adjudication generally, but about the roles of each of the three arms of government, as provided for by Sections 4, 5, and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). For instance, I thought Section 5 of the Constitution empowers the Executive to execute and maintain laws, while Section 6 empowers the Judiciary to interpret laws, and adjudicate on all matters. Am I wrong? I certainly do not think so.
But, where do I start? Is it from the El Zakzakys bail matter, or from the new definition and interpretation of ‘Treasonable Felony’ propounded by the All Progressives Congress (APC), which I sincerely hope doesn’t gain ground, since it is ludicrous. First, let me say unequivocally that, I am not a Shiite, nor do I know much about their movement and activities, nor do I know much about Omoyele Sowore, as I’m not a reader of his Sahara Reporters. These days, when one tells the truth, one is accused of being partisan, or being friendly with those one may seem to be speaking in favour of, instead of being seen as a defender of the truth. The fact that the El Zakzakys or Omoyele Sowore may have been unfair in their dealings (and I’m not saying categorically that they have been), does not mean the law is entitled be unfair to them. The essence of justice, is to be fair/just. Fundamental human rights and the rule of law, have since taken over from the “an eye for an eye....’ biblical type of justice.
The El Zakzakys Aside from the fact that, the DSS (or SSS or whatever they are called) refused to release the El Zakzakys from custody since they were granted bail by the Federal High Court in December 2016, last Monday, the Kaduna State High Court granted them leave to travel to India for medical treatment, setting out the conditions for the trip.
Subsequently, last Wednesday, the Kaduna State Government (KSG) headed by Governor Nasiru El Rufai decided to add its own extrajudicial conditions for travel, to that of the High Court! As we say in Nigeria when we are shocked - ‘how can’! Is KSG part of the court that granted the leave to travel? No. So, how is it possible that, the executive arm of government sought to add its own ruling, to that of a court of competent jurisdiction? That is certainly unheard of, in law.
Napoleon Complex Was this ridiculous latest move by the Kaduna Executive, another example of the Nigerian Executive’s disdain/contempt/total lack of respect for the rule of law? Or was it simply a display of the famous ‘Napoleon Complex’ aka ‘Short Man Syndrome’? Or was it a combination of both? One would imagine that, after the public/international outcry and condemnation of Malam El Rufai’s last ‘Body Bags’ outing/faux pas preceding the 2019 elections, he would be more restrained and measured in his utterances and activities, but clearly, he doesn’t seem to care!
The Short Man Syndrome was identified by an Austrian psychoanalyst, Alfred Adler, in 1926. Adler asserted that, “short men over compensate for their lack of height, by being extra-assertive and chippy”(Chippy means ‘touchy and defensive, especially on account of having a grievance or a sense of inferiority’). I would even go further than extra-assertive, to prepend over-domineering/ autocratic/dictatorial! I am not being mean or derogatory here, as I myself am only a small 5’2’ (1.57m), in case you think I’m saying this because I’m a tall person!
I, and many of my learned colleagues, take exception to this excessive affront on the rule of law by the Executive, whether Federal or State, and call on Government to desist from this shameful practice forthwith. Aside from the fact that, it shows Nigeria up to the world as a Banana Republic heading towards anarchy, I have said repeatedly that, it is a great obstacle to FDIs coming into or staying in our country. Knowledge that an environment is secure, and that the rule of law and fair judicial process are sacrosanct, constitute some of the major determinants in deciding whether to invest in a place or not.
Governor El Rufai/KSG simply have no right or power to set out any additional bail conditions for the El Zakzakys- Shi ke nan! The attempt do so, shows a lack of understanding of judicial process, and/or a blatant disregard for it. We are glad that, in the end, the Federal Government made the right decision, as I watched on the news yesterday, that the El Zakzakys were finally allowed to travel to India for their medical treatment. Another shame on our country, that our medical facilities are so inadequate, that they could not be treated in Nigeria. When will there be a 'change'?
New Definition of Treasonable Felony: Re: Omoyele Sowore
Last Wednesday, I was thoroughly amused while watching an interview programme - Channels TV’s ‘Politics Today’ which featured Akin Osuntokun and one Segun Oshinaga, who was described as an ‘APC Chieftain’. Mr Oshinaga stated that, because Mr Sowore called for a revolution soon after the 2019 election, his act amounted to treasonable felony. The Chairman of APC, Comrade Oshiomhole, also echoed similar sentiments. With all due respect, I have never heard this myopic and rather dense definition of the word revolution before, apart from the APC and its supporters. I submit that, it is a self-serving political definition of the word revolution, for the purposes of stifling our constitutionally guaranteed rights of freedom of thought, expression, association and movement, contrary to Sections 38 - 41 of the Constitution. It seems that, it is now treason in Nigeria, if you are not a supporter of the APC Government, and you voice your dissatisfaction, even if you do so, peacefully.
Did Baba (President Muhammadu Buhari), not remind us of the Egyptian Revolution after he lost the election to President Jonathan in 2011? During the Egyptian Revolution of January 2011, which eventually ousted President Hosni Mubarak after about 30 years of despotic, corrupt rule (which commenced the ‘Arab Spring’), almost 1000 lives were lost in violent clashes. Was Baba arrested for incitement and treasonable felony, despite the fact that he had a huge following of people who were willing to take up arms for him, especially in the North? No. Was Senator Bola Tinubu arrested for treasonable felony, when he openly called for a revolution in 2014? No.
Some Types of Revolution Revolution is defined as “a forcible overthrow of a government or social order, in favour of a new system”; and it has synonyms like, regime change, mutiny, coup d’etat, insurrection and the like, which portray violence; and they can certainly be violent, like the French Revolution of 1789 (storming of the Bastille and so on), and the Egyptian Revolution of 2011, which Baba referred to. But, a revolution, is also in many instances, not violent. However, when you are led by a bunch of people that are not as knowledgeable as they ought to be, it is not surprising that they would opt for the narrow definition of the word, whether it is applicable to the prevailing circumstances or not, simply to suit their own autocratic/ totalitarian purposes, which includes crushing any type of criticism.
Has the DSS ever heard of a Fashion Revolution, for instance? In the past 15 years or so, there has been a fashion revolution, in which women moved away from carrying long strap handbags which we carried on our shoulders, to short handled handbags which we carry by hand, and in which men now carry small long strap shoulder bags. I have not heard that anyone died in any violent clash, during this revolution.
Has the DSS ever heard of the Industrial Revolution, which emanated from England from about 1760 to sometime in the 1800s, in which manufacturing became industrialised, with production moving from homes to factories? Or the Pentecostal Revolution in the past 30 years or so, which has seen millions of Nigerians move from orthodox churches to ‘Born Again’ churches like the Redeemed Christian Church of God and Winners Chapel?
Has Government heard of Civil Resistance, another form of revolution which is: “political action that relies on the use of non-violent resistance by civil groups, to challenge a particular power, force, policy or regime - a powerful way for people to fight for their rights, freedom, and justice, without the use of violence”? My point? Talk of revolution, does not necessarily connote a violent overthrow.
Real Definitions of Treason and Treasonable Felony
Treason is defined as “the crime of betraying one’s country, especially by attempting to kill or overthrow the sovereign or government”, while Treasonable Felony according to Black’s Law Dictionary 9th Edition, is: “an act that shows an intention of committing treason, unaccompanied by any further act to carry out that intention”. In short, treasonable felony is a plan to commit treason; and a plan is “a detailed proposal for doing or achieving something”.
I watched one of Sowore’s videos, in which he called for a revolution. With all due respect to Sowore, as we say in Nigerian slang, it sounded like ‘raking’ to me, and no one takes raking seriously. I don’t think you would ask people to bring their toothbrushes and face flannels, nor be discussing Facebook or social media, if you were going somewhere to unleash violence or lead an armed insurrection to topple a government! It seemed more like civil resistance, to me - asking people not to go school or work.
Nigerians all know that, even though there were ‘100’ political parties that partook in the 2019 Presidential election, there were really only two main contenders for the position of President, (Baba and Alhaji Atiku Abubakar of the PDP), and Sowore was certainly not one of them. How many votes was Sowore able to muster in that election, that he would suddenly be able to get anyone to take up arms to topple the government? I align myself with the argument of Akin Osuntokun in that Channels TV interview that, Sowore’s capacity to lead a revolution per se in Nigeria, is almost nil!
As far as I am concerned, Sowore’s action does not fit into any of the definitions of Treasonable Felony contained in Section 41 of the Criminal Code Act 2004, and whether he made the call for revolution before or after the election, goes to no issue. The inclusion of Sections 27 and 4(1)(b), (3)(a) and (c) of the Terrorism Prevention Act 2011, maybe because Sowore said he had spoken to IPOB and IMN, is stretching Sowore’s actions beyond reasonable limits. Those two proscribed organisations, are certainly not as violent as the Fulani Herdsmen or Herdsmen generally, yet, the Miyetti Allah and Miyetti Allah Kautal Hore, have not been proscribed.
In Asari Dokubo v FRN SC 208/2006, a Supreme Court case in which the new darling of the APC and Ministerial designate, Festus Keyamo, SAN, acted for the Appellant who was charged with treasonable felony, it is interesting and surprising that, Keyamo’s argument that - a mere allegation of threat to national security cannot suspend Chapter 4 of the Constitution, which includes Section 35 thereof on the right to bail, and that in consideration of whether to grant bail or not, there must be proof of the threat by the Prosecution, and depositions taken from the Respondent too - was not considered, when the court granted a 45 day detention of Sowore, on the DSS’s ex- parte application! I’m sure you can see why I’m becoming more confused as a Lawyer, each passing second!
Conclusion The bottom line is that, the level of dissatisfaction in the country presently, is unprecedented, and Government should be concentrating its energies on that, instead of trying to stifle people’s fundamental rights. Sowore should have been ignored, unless his protest became violent or unruly as a result of his own actions, just as Senator Bola Tinubu and Baba, who, even though they had large followings and had the capacity to lead revolutions at the time, were ignored, despite their own similar or worse utterances. Instead, the security agencies should be spending their time gainfully, securing our lives and environment, which hitherto, they have failed abysmally to do, as opposed to witch-hunting people all over the place. It is trite law that, he who alleges, must prove. Just because someone calls for a revolution, cannot automatically translate to a plan to violently overthrow a government.