Senior lawyers on Monday expressed divergent views on the arrest of former presidential aspirant Omoyele Sowore over the #RevolutionNow protests.
A Senior Advocate of Nigeria (SAN) Jibrin Okutepa said the 1999 Constitution does not recognise revolution in any form. But, another SAN, Seyi Sowemimo, said everyone has the right to a peaceful protest.
A senior lawyer, Jiti Ogunye, described the crackdown on protesters as a knee-jerk reaction by the government.
He said no government can be overthrown by mere words, adding that Sowore’s arrest was uncalled for except there is evidence to the contrary.
This is as the Centre for Anti-Corruption and Open Leadership (CACOL) called for Sowore’s release.
Okutepa said Section 1 (2) of the Constitution does not recognise any revolution other than through democratic process permitted by law.
“I have read some comments from prominent Nigerians who have expressed the views that calling for revolutionary change of government other than through democratic means comes within the purview of fundamental rights.
“Nothing can be further from the truth than these s fallacious, self-destructive and defeating arguments
”First, while I concede that demonstration is part of the constitutional rights of expression, calling for revolution for change of government in democratic set up is not part of the freedom guaranteed by the constitution. That is why Section 1(2) of the Constitution does not support that position,” the SAN said.
Okutepa warned gullible citizens from being misled into believing that calling for revolutionary change of government is part of the fundamental rights.
Besides, he noted that there are no rights without limitations.
“Some Nigerians seems to be encouraging all manners of subversive and destructive freedoms out of partisan political bitterness and hatred. Nigerians do not need revolution in the form of bloodletting.
“Those who encourage street revolution are far removed from those who will pay the Supreme prices for the so-called revolution to overwhelm government.
“While life is tough in Nigeria, we cannot make it tougher by calling for revolution through illegitimate means of changing government.
“I support any programme that will educate Nigerians to freely change bad government. No doubt we have bad government but the methods to change the government must not be through violence change of power.
“We must be careful with what we support for purely primordial partisan interest,” Okutepa said
Sowemimo said everyone has a right to peaceful protest, adding that merely calling for a revolution may not be enough ground for the security agencies to arrest Sowore or anyone else.
Sowore had called for nationwide protests beginning yesterday against what he described as bad governance.
But the senior lawyer urged the security agencies including the Department of State Service (DSS) to charge arrested #RevolutionNow protesters to court.
Sowemimo said: “People are entitled to engage in peaceful protest, one that is not violent and not calling for a forcible takeover of government.
“I don’t think simply calling for a revolution is enough ground to arrest anyone….If they feel that the chap (Sowore) has committed an offence they should charge him to court.”
For Ogunye, the government owes Sowore an apology after releasing him.
He recalled that President Muhammadu Buhari, before he won election, once called for revolution and led protests.
According to him, Buhari refused to attend Council of State meeting during the Olusegun Obasanjo administration because he was angry with the system.
“There is too much authoritarian intolerance and arrogance going on in this country. Someone calling for revolution is not a criminal offence. Musicians have been calling for revolution – from Bob Marley to Majek Fashek to Mandators. Was that an offence?
“It has been shown that this President was calling for revolution in this country. Who arrested and prosecuted him? He was vexed. He has participated in protests before.
“Protests are legitimate. There are statutory, constitutional and case law decisions that back protests. Breaking protests is not right. How could the IGP call someone a terrorist?” Ogunye said.
To him, a citizen can only be arrested where there is strong intelligence that he the intention and has wherewithal to overthrow a government, not by mere words.
Ogunye said the government’s crackdown on protests could even lead people into more desperate measures and further cast the government in further bad light.
“So, by their action, they will be driving people to adopt desperate solutions, including a revolution.
“I join the call for the release of Sowore. Not only that, they should tender unreserved apology to him for arresting him and violating his fundamental right to freedom of expression,” the SAN added.
Asked if Sowore’s choice of words was not inciting, Ogunye said: “Oratorical violence, carelessness and even recklessness may have consequences, but they will not bring about a collapse of government.
“If words of mouth are what coup plotters in the past, including those who are in government now, used to upstage government, then government will be falling like packs of cards.
“Those who bring down government use guns. Where are the guns in the hands of these ‘revolutionaries’? What he says is not what is important as whether he has formed an intention that is verifiable to overthrow a government. That is what you call treasonable felony.”
CACOL, in a statement by its Media and Publications Coordinator Adegboyega Otunuga, said while it does not support violent take-over of government, especially under a democratic arrangement, the right to protest peacefully must be respected.
“Whoever that calls for a revolution alone, whether ethical, agrarian, industrial or even social, does not and cannot constitute treasonable felony acts on their own, except there are other unimpeachable evidences of arms insurrection, concrete proofs of inciting or consultations on arms struggle,” CACOL said.
The group noted that it was not aware whether security agencies have such intelligence in its possession.
“That in itself may now also be debatable as social movements and prevailing conditions may remain veritable instruments of juxtaposition in resolving how mutiny and treason should be treated in a civil entity. However, nothing even points to these possibilities in this circumstance.
“We, therefore, advise that Sowore be granted an unconditional and immediate release to defray an unnecessary tension and heating up of the polity which his continued detention is only capable of fostering,” CACOL added. See more here; http://gistmore.com/lawyers-disagree-over-sowores-arrest-revolutionnow-protests 
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