By Aaron Ukodie
More voices are being raised against the arrest of leader of RevolutionNow movement and former presidential candidate of African Action Congress’ (AAC), Mr Omoleye Sowore, saying instead of arrest the federal government should urgently address the issues raised by the group.
The Department of State Security (DSS) arrested Sowore on account of his call for a revolutionary protest by Nigerians against the policies and governance of the Muhammadu Buhari’s government.
Though claims have not been filed against Sowore at the law court, comments from agencies and spokespersons of the federal government suggest that he may be charged for inciting the populace to revolutionary protest that could lead to the over throw of a democratically elected government by the people.
What Sowore, RevolutionNow Seeks
The Global Coalition for Security and Democracy in Nigeria and the revolution protest tagged ‘Days of Rage’ scheduled to take place across the country on Monday has the following as demands:
- All governments must pay the N30, 000 minimum.
- Abolition of tuition fees in universities and secondary schools.
- Stop the killings in the country and sack all the incompetent service chiefs.
- Stop all estimated billing by the power companies, provide pre-paid meters for free, and communities must have the right to audit the electricity bills they get, and review the licenses of all discos.
- Free all political prisoners now, including El Zakzaky and his wife.
- Employment for the youths, among others.
Though, there seems to be nowhere in the list of demands where Sowore asked for the overthrow of the current government, his words, which he spoke days preceding his arrest would be subjected to legal analysis and interpretation.
Omoyele Sowore, had explained his objective for calling for the protest when he said in Abuja, at the end of his party’s National Executive Committee (NEC) meeting, that the protest would be sustained until the country is put on the right path of honour where justice prevails. His words,” Election was an opportunity to carry out a revolution of ballot box but they stole the ballot box.
“They hijacked materials that were meant for a free and fair election and as a result, they did not organise any election that was credible enough for people to have faith in the ballot box.
“The revolution has, therefore, become inevitable. We didn’t choose to go for revolution, they chose it by ensuring that there was no level playing field in the last election.
” As you know, they did it in Sudan and it was started by some women. They were making fun of them but they did not stop until doctors joined them, the labour union joined them and what started with five people became 5,000 and 500,000 and became 5,000,000 and the regime fell.
” So don’t let anybody deceive you that in asking for a better government or country, you are committing any illegality. The biggest illegality being committed in Nigeria as of today is the rigging of election in 2019.
” I am not the only one asking for a revolution. 84% of Nigerians, according to a poll we conducted, want a revolution. They don’t want war but these people want to drive us into war so that we can all be exterminated at once.
“We don’t want war, we want a very clean, quick and succinct revolutionary process that will put an end to the shenanigans of government, oppression and corruption,
“Don’t ask me whether I am afraid or worried about the legal implications of what I am saying. I am carrying out a historical duty and only history can judge me, not a prosecutor or a federal judge. You can’t kill somebody who is not afraid of death,” Sowore said.
The protest, which was expected to take place simultaneously within and outside the country, was to be coordinated by the leaders in different zones.
While the federal government may have interpreted Sowore and his group’s bid as subversive and attempts to overthrow the Buhari government, several top Nigerian lawyers have argued that Sowore has not violated any law in Nigeria. There are others who have said the content and acts of Sowore and his group could be viewed as subversive and intended to overthrow the federal government.
Calls for Sowore’s release increases
Two senior advocates of Nigeria ( SAN), Mr Femi Falana and Mike Ozekhome, are at the forefront of the argument that what Sowore and his group set out to do was constitutional and instead of security agents arresting its leaders and stopping the protest, should have provided security cover for the protest, in line with the constitution.
Nobel Laureate Professor Wole Soyinka agress with the two legal luminaries when he said those condemning Sowore’s arrest are blackmailers , arguing that the moment you don’t allow people to express their God-given rights to choose their leaders, you are committing illegality and inviting resistance.”
Also, the Pan-Niger Delta Forum, PANDEF, today joined others in calling for the immediate release of Convener of ‘Revolution Now’ movement, and other Nigerians arrested in course of peacefully demonstrating their disaffection at the state of affairs of the nation.
According to a statement by group’s National Secretary, Dr. Alfred Mulade, said rather than the militaristic approach to the complaints of the people, the federal government should address the issues they have raised.
PANDEF statement reads: “The Federal Government ought to note the issues highlighted by the RevolutionNow protestations and take needed actions to address the hardship in the country, rather than cracking down on citizens for exercising their rights to speech, association, and assembly.
“The PANDEF strongly condemns the arrest of the publisher of Sahara Reporters, Mr. Omoyele Sowore, by the Department of State Service (DSS) for his active role in the planned nationwide march to demand for decisive actions, from the government, on the nation’s security, economic, educational and healthcare challenges.
“PANDEF equally condemns actions of the Nigerian Police Force for describing the planned protests as treasonable felony and acts of terrorism. If we may ask, how can protest against insecurity, suffering and hardship in the country occasioned by misrule, amount to treasonable felony”.
PDP chairman, Uche Secondus and the Deputy Secretary of the Igbo Leaders of Thought, Evangelist Elliot Ugochukwu-Uko had earlier called for the release of Sowore.
Meanwhile the DSS is seeking leave from the Abuja Division of the Federal High Court to detain Sowore for 90 days. The court has fixed tomowrro, Thursday, for ruling on the application.
In the application it brought before Justice Taiwo Taiwo, who is sitting as a vacation Judge, the DSS said it would need Sowore in custody till all its investigations were concluded. The exparte motion marked FHC/ABJ/CS/ 915/19, sought an order of the court to detain Sowore beyond the statutorily allowed 48 hours after his arrest.
But Seyi Sowemimo, SAN, in a reaction said the extra 90 days detention request by the DSS is constitutional, adding that “they are detaining him just to find evidence against him”.
In Lagos a lawyer, and five others were also arraigned by the Police before a Lagos Chief Magistrate’s Court sitting at Ebute- Metta for taking part in the protest.
They were arraigned on a two-count charge bordering on unlawful assembly and conduct likely to cause breach of the peace. The defendants are Ehis Omoshomio, 35; Gabriel Ojumah, 51, Juwon Sanyaolu, 22; Stanley Anobi, 28; Elias Ozikpu, 30; Kenechukwu Ukachukwu,
Police Prosecutor, Anota Oluseye told the court that the defendants unlawfully assembled themselves “in such manner to cause fear and disturb the public peace.” Coalition of NGOs report on 2019 Presidential election.
He said the defendants had committed the offences on August 5, at 10.00a.m., at the National Stadium, Surulere, alleging that the six defendants had assembled themselves at the National Stadium to protest against bad governance and that the gathering was unlawful and caused fear to the public.
He also said the defendants acted contrary to and were liable to be punished under Sections 44 and 168(1)(d) of the Criminal Law of Lagos State, 2015. The defendants however pleaded not guilty to the charges. Following a bail application by their lawyer, Mr Stanley Imhanruor, the Magistrate, Mrs Abimbola Komolafe, granted the second defendant, a lawyer, bail on self-recognition, while the other five defendants were admitted to N100, 000 bail each with two responsible sureties in like sum. The court adjourned till September 26, 2019 for mention.
Meanwhile Sowore who spoke from detention, from his detention said he was okay, in good health expressing happiness that the protests took place.
Sowore spoke when members of “Take It Back Movement” visited the DSS facility where he is being held. The Take it Back Movement was allowed to visit Sowore, for the first time since his armed abduction in the early hours last Saturday, August 3.
FG Celebrates Failure of Protest
While Nigerians and groups are calling for the release of Sowore, the federal government is celebrating the failure of the protest called by Sowore.
A statement from presidential spokesman, Garba Shehu said President Muhammadu Buhari has thanked millions of Nigerians, who deliberately ignored calls on social media to join a phantom ‘revolution’ but instead went about their businesses.
Mr Shehu stated that the president was humbled by the support, “not for himself, or the governing party – but for the democratic values of modern-day Nigeria.”
He, however, acknowledged that there were few hundred persons, who for their own reasons, decided to engage on the protest march against national interest.
The statement read in parts: “Today, millions of Nigerians went about their businesses: work, seeking employment, attending school/college and caring for their families.
“By doing so, the millions defended our country’s hard-won democratic rights – by ignoring calls on social media to join a phantom ‘revolution’.
“There were a few hundred persons today who, for their own reasons, decided to act upon the demands of a group calling itself Global Coalition for Security and Democracy in Nigeria, which went on social media to ask everyday Nigerians to overthrow the government they only elected some six months ago.
“The President is humbled by the support – not for himself, or the governing party – but for the democratic values of modern-day Nigeria through the wisdom of those millions of citizens who preferred democracy and decided not to undermine an elected government.
“Today, joining those millions of Nigerians was not only the President and governing party at federal level, but many state governments from the opposition, trade unions, civil society organisations, media and NGOs with focus on freedom of speech.
“All have, rightly, united in protecting Nigeria’s young democracy and the rights of all to elect leaders and lawmakers.
“The Global Coalition for Security and Democracy in Nigeria’s attempt to incite citizens into a revolution against their own democratic rights and interests has failed – as will all attempts to take away from the people their hard-won rights and freedom to choose who leads their country.’’
Nigerians Differ on meaning of Revolution
Following the arrest of Sowore on account of calling for a revolution, several Nigerians have continued to give conflicting views on what constitutes a revolutionary protest. While some argue that the word connotes a bid to unconstitutionally over throw a democratically elected government, some others differ, saying what constitute a revolution depends on the method, and the intendments of the actors.
However, several English language dictionaries define revolution differently.
The Cambridge Dictionary defines revolution as “a change in the way a country is governed, usually to a different political system and often using violence or war”.
The Longman Dictionary defines revolution as “a complete change in ways of thinking, methods of working etc. It also defines it as “a time when people change a ruler or political system by using force or violence”.
The Merriam-Webster dictionary defines revolution as “a sudden, radical, or complete change; a fundamental change in political organization especially: the overthrow or renunciation of one government or ruler and the substitution of another by the governed: activity or movement designed to effect fundamental changes in the socioeconomic situation; a fundamental change in the way of thinking about or visualizing something: a change of paradigm, among others.
These definitions notwithstanding, it is the definition of the Nigerian constitution that would matter at the law court; and it is the lawyers who would give the interpretation, citing examples, precedents and cases to advance their claims. The decision on the arguments of the lawyers, on both sides of the divide, however, would be taken by the interpretation of the arguments of the lawyers, by the judges, who would be sitting to hear the case.
