Charge bad governance, not ordinary protesters, with treason — Abba Hikima

By solacebase.com On Aug 10, 2024

Protesters — Charge bad governance, not ordinary protesters, with treason — Abba Hikima

I understand that Nigerian government is preparing to try the many impoverished youths arrested during the #EndBadGovernance protest waving Russian flag for the capital offense of treason, which carries the death penalty. If this is true, then the decision is, to say the least, entirely out of place.

Treason in Nigeria, much like in other nations, is the most serious capital offense anyone can commit. It is second only to genocide. It involves using outright force or attempt thereof to wage war against the state. It can also involve using force to intimidate or overthrow the government. (The relevant sections of Criminal Code and the Treason and Other Offenses (Special Military Tribunal) Act are instructive).

Additionally, Nigerian courts have consistently interpreted treason and treasonable felony with a focus on actions that have direct intent of using force to overthrow the government or personally harm the president.

For instance, in Queen v. Amalgamated Press of Nigeria Limited (1961), the courts clarified the standard, emphasizing that for an action to qualify as treason, there must be clear intent to use force or violence against the state or person of the president.

Obviously therefore, the Act of waving the Russian flag by ordinary Nigerians protesting untenable government policies, at a time when Nigeria is not at war with Russia, is not, and cannot be treason.

But because protests entail some kind of uproar and agitation, the circumstances of the instant case may not be as simple and harmless as those contemplated by the Flags and Coat of Arms Act, as some may argue. The actions may well be unpatriotic, divisive and whatnot. However, except Nigeria is bent on wasting its prosecutorial resources at the instance of terrorists, secessionist and corrupt government actors, none of the poor youth found ignorantly waving the Russian flags should be arraigned for treason or treasonable felony.

Recently, we have seen cases where protesters in Iran and China, Hong Kong and Venezuela are waving flags of foreign countries deemed adversaries. We haven’t heard of any case of protesters being tagged as treasonous.

Therefore, instead of targeting poor protesters, kindly use your resources to charge and prosecute injustice, insecurity, hunger, and bad governance with treason and sentence them to death. Please.

Barr. Abba Hikima

A Human Rights Lawyer

Protests Treason