BY  DAYO BENSON & ABDULWAHAB  ABDULAH
On the heels of a scathing 18- page letter which former President Olusegun Obasanjo, wrote to President Good luck Jonathan on the state of the nation, All Progressive Congress, APC, the unsparing opposition of ruling Peoples Democratic Party ,PDP, asked the National Assembly to impeach Jonathan.

Expectedly, the call which was contained in a statement issued and signed by APC acting National Publicity Secretary , Alhaji Lai Mohammed, elicited angry reaction from the presidency.
Senior Special Assistant to the president on media, Dr. Reuben  Abati responding  to APC said opposition leaders should be prepared to face treason charge for making such a brazen call.
Questions then arise:  Is the APC statement treasonable in the eyes of the law? What actually constitute treason and what are the ingredients?

We  juxtapose the two separate statements with the relevant sections of the Criminal Code on treason as well as views of senior lawyers.

According to Lai Mohammed in the statement, “Our country is drifting dangerously and our people are divided now perhaps more than at any other point in our history, with the exception of the civil war period. There is a total failure of leadership, even as insecurity, unprecedented corruption, palpable impunity, massive unemployment and hunger stalk the land.

“Since the raison d’etre of any government is the security and welfare of the citizenry, and the present administration has failed to live up to the justification of its existence, there can be no other definition of gross misconduct than that.
“Therefore, the time has come for the head of that government, on whose desk the buck stops, to be removed through the provisions stipulated in the 1999 Constitution of the Federal Republic of Nigeria. This is the patriotic thing to do.”
“It is necessary for anyone who may say the call for the impeachment of President Jonathan is outlandish to remember  that all it takes to torpedo this democracy is for this increasingly-paranoid government to get a pliant Judge to put a judicial stamp on just  one of its litany of illegalities, thus setting the country ablaze. And there are many such Judges as we can see by some recent  events, despite our warnings that the efforts of the current CJN to clean up the judiciary must not be sabotaged by a few pliant Judges.

“One such scenario is the present challenge in court by the PDP of the defection to the APC of five state governors. The PDP has gone  to court fully aware of the ruling of the Supreme Court after the party (PDP) attempted to make then Vice President Atiku Abubakar to  lose his seat and to also strip him of his privileges following his defection to the ACN.
“What then can be the sole motive behind the PDP’s action: To plunge Nigerian into chaos! This is why we issued a strong warning in our  statement of Dec. 5th thus: ‘We wish to state unequivocally that should the PDP go ahead with this plan, there will be widespread repercussions  as the APC has resolved that henceforth, every act of impunity of the PDP and the Presidency will be met with stiff resistance in the form of a  vociferous telegraphing of people power, the likes of which have not been witnessed in these parts.

‘’We reiterate those words today, and make bold to say that not even the revelation by former President Olusegun Obasanjo, that snipers are  being trained secretly and that 1,000 people have been placed on political watch, will deter us from saving this democracy, which was watered  by the sweat and blood of many patriots, long before this generation of opportunists stormed the political scene.”

Mohammed: It is another PDP scheme

However, in his response, the Presidential spokesman, Dr Reuben  Abati said: “We have noted with utter disdain, the reckless and   irresponsible call by the APC for the National Assembly to commence impeachment proceedings against President Goodluck Jonathan.

“Ordinarily, we would not have dignified Alhaji Lai Mohammed’s latest vituperations in the service of his paymasters with a response, but we thought it necessary to warn that the Federal Government will not standby idly and let the nation be plunged into unnecessary crises and political instability because of the desperation and apparent readiness of the APC spokesman and his gang of power-seeking desperadoes to sacrifice the well-being of the country on the altar of their selfish personal ambitions.

“The Presidency totally condemns the decision by Alhaji Mohammed and his party to move further beyond the bounds of honourable and acceptable political conduct with the senseless call for the impeachment of a President who continues to sincerely devote himself to the discharge of the sacred mandate freely given to him by Nigerians.
“The APC, which remains a minority party with doubtful credentials in the National Assembly, knows fully well that its attempt to hector and blackmail a Parliament dominated by loyal members of the President’s party, the PDP, into an impeachment process, will come to nothing…..

“The Presidency warns that the APC and any persons who make themselves its willing tools for the breach of public order and safety will be made to face the full sanctions of the law. Those who are threatening fire and brimstone should be ready for consequences of treasonable action…..”

But is APC statement treasonable?  Chapter 6, Sections 37, 41, 44, and 49 of the Criminal Code 1990 define treason and treasonable offences.

Treason and certain other Offences
37.(1) Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death.

(2) Any person conspiring with any person, either within or without Nigeria, to levy war against the State with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to the punishment of death: Provided that nothing in this section shall prevent any act from being treason which is so by the law of England as in form in Nigeria.

41. Any person who forms an intention to effect any of the following purposes, that is to say-
(a) to remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander-in-Chief of the armed forces thereof; or
(b)to likewise remove during his term of office the Governor of a State; or
(c) to levy war against Nigeria in order by force or constraint to compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other Legislature or legislative authority; or

(d) to instigate any foreigner to make any armed invasion of Nigeria or of any of the territories thereof; and manifests such intention by an overt act, is guilty of a felony and is liable to imprisonment for life. A person charged with any of the felonies defined in this section is not entitled to he acquitted on the ground that any act proved to have been committed by him constitutes the offence of treason; but a person who has been tried, and convicted or acquitted, on a charge of any such offence cannot he afterwards prosecuted for treason in respect of the same facts.
44. Any person who advisedly attempts to effect any of the following purposes, that is to say-
(a) to seduce any person serving in any of the armed forces of Nigeria or any member of the police force from his duty and allegiance; or (b)   to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or (c)   to incite any such persons to make or endeavour to make a mutinous assembly; is guilty of a felony, and is liable to imprisonment for life.

49. In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

Senior Advocates who spoke on the issue were unanimous on their views that the call on the National Assembly to impeach the president does not amount to treason.

Professor Itse Sagay, SAN:
“I was rather surprise. In a democratic setting, hard words between rival political parties does not matter. It is like what they eat like bread and tea for dinner. And what should happen is that the political operators on each side should prepare well, so that they know how to throw feedback at the other side. If they say something, you will reply with something sharper and more deadly. That is democracy. When you begin to resort to threats, by using state power, it shows that you are not politically mature. So the threat of treason is totally out of place and uncalled for.”

Emeka Ngige, SAN
“There is nothing like that in our law. The provisions of treasonable offences are well spell out in the criminal Act. They are trying to be mischievous and childish by such statement. Is impeachable offences for the executives not part of our constitution? So, does the call meant that the president is going to be removed.
“By calling for such punishment or proposing for such punishment against Lai Mohammed was showing that we are no more running democracy. It also show that by saying somebody has committed such offence, meant that the presidency  is not running democracy as well.

Are we not in democracy? It is an indication that the president is still thinking that we are in a military regime.  Meanwhile, it is unfortunate that an educated fellow like Dr Reuben Abati can be issuing such statement, when I think he supposed to be well informed about what democracy is all about.”

Prof.  Fidelis Oditah, SAN
“No treason if APC has members in National Assembly- ProfessorOditah SAN
Why would it be treason, is it not what the constitution provides for? What is treasonable about saying someone is impeachable or asking someone to impeach someone else? I don’t see any treason there. To ask lawmakers to exercise their power is not treason.
“If APC comes up with the plan to impeach the President is no treason itself. Why would it be treason if APC has members in the National Assembly who are able to pass the resolution, why would that be treason.”

Tayo Oyetibo, SAN
“Impeachment is a term provided for in the constitution, so it cannot be a treasonable offence but it depends on the circumstances. But ordinarily, calling for the impeachment of a sitting president or governor is not treason but when it is not done in accordance with the provision of the constitution, that treason can come in. Like, I said, it depends on how those who want to do it intend to carry it out. If they go about it in a manner other than what is provided for in the constitution, then it is; otherwise, there is absolutely nothing wrong. It is just a political call.”

Femi  Falana, SAN
There is nothing treasonable for the call or demand for the impeachment of the president of the Republic of Nigeria or the governor of a state. It is an exercise of the freedom of expression by the man. Instead of such statement, the presidency should react to the serious allegations contained in former President Olusegun Obasanjo’s letter, in spite of the hypocrisy that characterised the letter that stated the presidency is training snipers and if it is found that such serious allegation is untrue, General Obasanjo should be arrested and prosecuted for given  false information to Nigerians and if  however it is true, it is criminal.

Bamidele Aturu
“No, it is not a treasonable offence. Calling for the president’s impeachment certainly cannot be a treasonable offence. Even though I do not personally agree with it in the sense that I will want the National Assembly to investigate properly and give the president time to respond to the issues that has been raised but that does not mean that anyone calling for the president’s impeachment is a treasonable offence. That is one of the most careless response I have gotten from the Federal government in recent time. So, I do not agree, I think it is wrong because we are in a democratic society. Nigeria is a constitutional democracy and we should not forget that. The constitution guarantees freedom of speech. So, when an opposition party calls for the impeachment of the president, whether rightly or wrongly, that should not be termed a treasonable offence. I think people are using those words carelessly, it shows we do not have democrats in Nigeria but we must build democracy.”