PROSECUTE AMAECHI FOR TREASON, SAYS FANI-KAYODE
(Is Fani-Kayode Mischievous or Tragically Ignorant of the Law?)
-Attorney Patryk Utulu

Chief Femi Fani-Kayode has called for Gov. Rotimi Amaechi to be quizzed by the Nigerian Security units for saying that APC would form a parallel government if President Jonathan won the 2015 presidential election. At a press conference held recently in Umuahia, Abia, Fani-Kayode declared that Gov. Amaechi's statement amounted to treason, reports Skytrendnews. Allegedly, Fani-Kayode also said:

“For the first time in the history of our country I saw elected legislators attempting to break down wall, attempting to break down gates...some of them in torn clothes, struggling through police lines...breaking the law, and I saw them display the highest level of indiscipline and lack of respect for constituted authority. Legislators took the law into their own hands. Broke down gates, jumped through the gates, fought the police and created commotion and shameful acts."

Fani-Kayode concluded that: “Again when you look at the comments made by...Gov. Chibuike Amaechi of Rivers State, I am alarmed, I am deeply disturbed and discouraged. He said that if PDP comes back in 2015 that not only would they make the country ungovernable, they would also set up a parallel government, and that there would be anarchy in this country.”

MY SUMMARY:
(1): I agree with Fani-Kayode that no one, especially not lawmakers, should resort to thuggery to break Police barricade when courts (including Supreme Court)are there for resolution of grievances. Even valid grievances are tainted by refusal to follow the law (see my article, yesterday, entitled: "Lawless Lawmakers of Nigeria"

(2): Though I agree that all those fighting-or-rioting legislators disgraced their office and hurt Nigeria, Fani-Kayode is wrong to suggest that what took place yesterday was unique. There were turmoil during the administration of Shehu Shagari and many gun/knife fights and murders/kidnappings during Western Nigeria's political crises in the 1960s. Did that in any way justify what happened yesterday? No! But we need to keep things in perspective and Fani-Kayode who is from the Western part of Nigeria and born in 1960 (long before I was born) cannot credibly suggest that what occurred at the National Assembly was so unique as to be a dealbreaker. We must condemn bad things but courage and patriotism demands that we resist the temptation to escalate this Constitutional crisis through hyperbolic statements. Unchallenged, such partisan statements may lead to a sense of self-justification to crush the opposition. Nigeria needs more than one party for political legitimacy!

[**See the white/black picture? That, courtesy of Ethelbert Mbama, is from the 1962 Western Nigeria’s political crises between factions loyal to Chief Obafemi Awolowo and Chief Samuel Ladoke Akintola – a crises so threatening to national security, and lives and property that the Central (Federal) Government, headed by Prime Minister Sir Abubakar Tafawa Balewa declared a State of Emergency rule in all of Western region and appointed Chief (Dr.) M.A Majekodunmi, then Federal Minister of Health, as Administrator.] Forget textbooks definition of history as study of the past. History is the study of the future and THAT future WAS at the National Assembly yesterday. My point is that Nigeria survived the 1960s crises through deescalation so we must tone it down and not go after APC with a sledgehammer.

(3): It is absolute nonsense for Fani-Kayode to call for Gov. Rotimi Amaechi to be prosecuted for treason. Mr. Amaechi is flamboyant and confrontationally talkative. But just because his style edges between amusement and public irritation does NOT make his comment MADE IN THE HEAT OF PASSION TREASONOUS. I did NOT include the portion of Fani-Kayode's statement where he needlessly "name-dropped" that he spoke with Nigeria's Inspector General of Police to discover that police officers were injured at the National Assembly. Really? I did not know that any Nigerian needed the IGP to tell them what the whole world witnessed.

As I condemned the collective megalomania that led lawmakers to believe that they were above the law thus, did not need to go to Court to seek access to the buildings locked (wrong or right) under law, SO I MUST WARN against the itch of megalomania in those who would misuse the emergency law to muscle opponents and threaten free speech. One thing that always impressed me in the Presidency of Goodluck Jonathan is that -- despite other debatable achievements or failings -- Nigerians have been allowed to say whatever they want to say, especially those who use that free speech to scream that Jonathan denied them free speech.

Fani-Kayode should do well to update himself on the law. It is not treason to say that you will form a parallel government IN THE FUTURE (if Jonathan wins). The statement may be provocative and unproductive but it is NOT treasonous. Nigeria is a Federal Constitutional Republic. We are citizens, not subjects of a Monarch. A statement does not amount to treason simply because it hurts the feelings of our top leadership or simply because it makes their peace of mind less peaceful.

AS A LAWYER, FANI-KAYODE SHOULD KNOW THAT TREASON HAS A VERY HIGH THRESHOLD per burden of proof. Specific commissions (acts) or deliberate omissions that either betray one's country, kill/injure/threaten the life of a Head of State and/or SPECIFIC ACTS to overthrow the government are some of the crucial factors legally IMPERATIVE as elements of the offence of treason.

Gov. Amaechi may be loud but being loud is NOT a crime in Nigeria!!!

*****
Attorney Patryk A. Utulu
U.S.-based Attorney & Strategic Communications Specialist
Global Defense Analyst and Global Events Commentator
Executive Vice President, Nigerian Diaspora-North America
Executive Director, The Center 4 Community Empowerment & Lifeskills, Inc
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No court can convict a person based only on evidence of mens rea which was not followed up by actus reus. In other words, mere intention to commit a felony is not enough to secure a conviction unless such intention was followed by an overt act in furtherance of such unlawful purpose or intention.

purplesummer:
No court can convict a person based only on evidence of mens rea which was not followed up by actus reus. In other words, mere intention to commit a felony is not enough to secure a conviction unless such intention was followed by an overt act in furtherance of such unlawful purpose or intention.

Those comments are treasonable.The only reason amaechi is not under arrest now is because of his immunity

chukwudi44:



Those comments are treasonable.The only reason amaechi is not under arrest now is because of his immunity

chukwudi44, check the criminal code Act, section 41(d) thereof insists that such unlawful intention must be manifested by an overt act before such person can be found guilty.

purplesummer:

chukwudi44, check the criminal code Act, section 41(d) thereof insists that such unlawful intention must be manifested by an overt act before such person can be found guilty.

Really? So this chukwudi44 is worth being replied to in NAIRALAND? God have Mercy.