THISDAY

El Rufai and Napoleon Complex

- ONIKEPO BRAITHWAIT­E onikepo.braithwait­e@thisdayliv­e.com onikepob@yahoo.com Twitter: @TheAdvocat­eTD

“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.

 ??  ?? Napoleon Bonaparte
Napoleon Bonaparte
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