By Sunday Menukuro
It is no more news that Omoyele Sowore, the Publisher of Sahara Reporters and convener of “RevolutionNow Protest” was arrested by the Department of State Services (DSS) before the execution of his planned protests, with some individuals also arrested on August 5, during the protest which was described as ‘treasonable felony and also an act of terrorism’ by the Nigerian Police.
WHAT IS TREASONABLE FELONY?
According to Black Law Dictionary, 9th Edition, treasonable felony is an act that shows an intention of committing treason, unaccompanied by any further act to carry out that intention.
Treason on the other hand, is defined by the same dictionary as the offence of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supporting its enemies.
Section 37(1) of the criminal code, provides that anyone who levies war against the state in order to intimidate or overawe the president or governor of a state is guilty of treason.
Section 37(2) categorizes as treason, anyone who conspires with others, either within or outside Nigeria to levy war against the state.
THE OFFENCE OF TREASONABLE FELONY
Section 40 of the Criminal Code provides that, anyone who becomes an accessory after the fact to treason or has knowledge that some people want to commit treason but doesn’t report to the appropriate authorities, is guilty of a treasonable felony.
Section 41 provides that anyone who forms an intention to carry out the offence of treason is guilty of treasonable felony.
Having considered what treason and treasonable felony are all about, it is important to weigh Sowore’s planned peaceful protest which he tagged ‘RevolutionNow’ with the offence of treason and treasonable felony.
In my candid opinion, planning to call out people for peaceful protests has no element of criminal offence in it. I believe Sowore and his co planners have not gone beyond their boundaries as provided in Chapter Four of the 1999 Constitution of the Federal Republic of Nigeria, as amended. Under the chapter, Section 38 provides for right to freedom of thought, conscience and religion, while section 39 concerns right to freedom of expression and the press. Right to peaceful assembly is provided for in section 40.
I am however not unmindful of the derogation and limitations these rights carry. In determining these rights and their derogation, I refer to the court per Ademola CJ in the case of DPP vs Oby(1961)vol.1ANLR which stated thus: “A person has every right to discuss any grievance or criticize, canvass and censor the act of government and their public policy. He may even do this with a view to effecting a change to the party in power or to call attention to some of the weaknesses of the government so long as he keeps within the limits of fair criticism.”
With these few statutory and judicial provisions above, it is clear that Sowore has done whatever he has done so far within the ambit of the law. What is likely to confuse the police as to refer Sowore’s planned protest as treasonable felony is the Revolution the planned protest is tagged with. But I think it is a matter of semantics. The Black Law Dictionary, 10th Edition, defines revolution as (1) an overthrow of a government, resulting in fundamental political change; a successful rebellion.
(2) a complete change in the way of thinking or methods of doing things.
In the definitions above, I have not seen where Omoyele Sowore has committed either treason or treasonable felony by his plan to call out people for a peaceful protests against some weaknesses of the government as guaranteed by our constitution and as pronounced in the case of DPP v Oby supra.
It is not in doubt that the government intentionally got Sowore arrested so that the planned protests would not succeed in the confirmation of the popular maxim which says that when you strike the shepherd the sheep will scatter. That’s what the police has done which they have done successfully.
Peaceful protest is the right and the power of the citizens to tell the government that certain things are wrong ostensibly for a change of action to take place. This is the most popular and civilised practice all over the world. And that was what Sowore and some other Nigerians had planned to do.
I, therefore, join my voice with the ones of numerous people and groups to ask the government to release Mr Omoyele Sowore unconditionally.
Sunday Menukuro, Writes from his fishing village in Badagry, Lagos state.
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