 Published
December 28th, 2010
A nation reaches a milestone when its people are able to
brainstorm and consensually outline laws that are intriguing
because there are guides to civility. What has piqued
Nigerian’s interest across the globe is that Nigeria has a
system of laws that are not abhorrent except that the
process of implementation has been compromised through fear
and corruption. The law displays its muscle everyday to
people at the lowest level of poverty to as high as the
president, and Commander-in-Chief. The rule of law
explicitly brings everyone within the boundaries of Nigeria
to equality. Ideally, the law was meant to treat everyone
the same, but we know as fact that this is not always the
case not only in Nigeria, but in other places around the
world. Though this inequality is real but it also depends on
the gravity of the offense. It’s still fresh in the minds of
Nigerians that Shehu Musa Yar’Adua died in prison after he
was convicted for an alleged military offense-coup.
Therefore, once there is any form of corroboration or clear
evidence of crime, the offenders are never warned but tried
and punished if found guilty. In reality, do we know of any
Magistrate in Nigeria who has verbally warned and set free a
petty thief that stole garri or rice in a market place? What
we are used to is that these petty thieves that steal
because they are hungry are sent to prison for months or
years with hard labor.
Crimes are in different
levels. Treason is by no stretch a light weighted crime that
should be treated with levity. It’s one of the highest
offenses in Nigeria and has never attracted a mere rebuke
from any authority. Adewale Ademoyega, author of a book-Why
We Struck
quoted Justice Sowemimo, who tried and sentenced Chief
Awolowo and his aides on treasonable felony charges in 1963.
“Mr. Justice Sowemimo, did not declare that the prosecution
had proved its case beyond all reasonable doubts. Rather, he
declared that he had no choice except to convict eighteen of
the accused.” This decision was based on the happenings at
that time, and up till this day, it’s not known that the
1963 judgment was ever over turned. Chances are that if
Justice Sowemimo had clear evidence of imported weapons as
the recent one at Lagos port purported for use to overthrow
a sitting government coupled with Atiku’s threat that was
erred by the media, Justice Sowemimo’s declaration in 1963
would have been different. That prison stigma was glued to
this noble and honored man known as Chief Awolowo, a
president Nigeria never had, a man with clear vision,
mission and wisdom; a man that made Western Nigeria the best
in education and business; a man who continues to reign in
his grave after decades.
What Nigerians are
witnessing today is a rude shock from the daily newspapers,
quoting President Jonathan as having said that, his
government would not tolerate treasonable statements from
former vice president Atiku and his cohort, General
Babangida. Truth be told, not all Nigerians really
understood what President Jonathan meant by his use of the
word, treason. While some Northern Nigerians have reason to
doubt what President Jonathan said, most people in other
parts of the country are convinced that both Messrs Atiku
and Babangida should be tried for treason. The reasons are
not far-fetched: first, very recently, several containers of
illegal arms that were intercepted in Lagos were imported
from their Muslim brothers in Iran. Please those weapons
were not imported to fancifully decorate a museum in
Northern Nigeria. Interestingly, no one knows how many
illegal arms would have come into the country through Kano
International airport. After all, before our very eyes, the
same people smuggled late President Yar’Adua under cover of
darkness into Abuja, the geographical center of Nigeria; so
is it Kano that is at one end of the country that will be
difficult to get arms through? Second, the media carried
their (Atiku and co) vocal images of threats of violence
against the sitting government of Nigeria. There is no
gain-saying that if PDP is the power in government and a
group of people have declared violence openly against the
PDP government, then what more needs to be established in
order to prosecute a case of felony? Third, the supporters
have openly established through the newspapers that the
mayhem of Boko Haram was a child’s play. In fact, this same
clique from Northern Nigeria vehemently made their boast
based on what they just carried out in Jos recently. As a
matter of fact, treasonable felony did not come within the
law with an option for executive reprimand. If the issues
relating to treason are lacking in substance, it’s up to the
judiciary to say so and not the executive in view of
separation of powers as enshrined in the Constitution.
The implication of not
trying these men in a court of law would be that a bad
precedence would emerged in the political circle in Nigeria
and this is bound to hurt the country in the future. If the
President were to give a warning for such serious offense,
he would not have referred to the security report that
tagged this occurrence as treasonable felony. If no inquiry
has been set-up right now to investigate these utterances
and threats, then the presidency is reckless. Indeed, such
statements do not resonate with the people and it must be
decided in a court of law. The felony matter at hand is not
as light as any one may think. The question we ask ourselves
is; is it when the country is already in flames that the
treasonable felony offenders like Atiku and Babangida would
be tried by the United Nations? If this is what the
President Jonathan thinks, it would certainly be too late
and it becomes a hopeless situation. Trying these men has
nothing to do with not accosting respect to leaders in
society, but has everything to do with the safety of Nigeria
as one country. What Nigerians must understand is that no
one individual is bigger than Nigeria. Sure, the academic
experts had told us long before now that, the parts cannot
be bigger than the whole.
Tosan Okotie
Lives in Texas, USA
December 22, 2010
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