Richarmond O. Natha-Alade

#RevolutionNow: Femi Falana, SAN Slipped! He Compared Two Parallel Dead Ends – Richarmond O. Natha-Alade

In my earlier publication of 4th August, 2019, titled: ‘REVOLUTION: Sowore was not properly advised, He may be sentenced to death’, I made symbolic view of the term and word ‘revolution’ by its semantics and etymology. I advanced same in relation the provisions of law with the conclusion that the usage of the word ‘Revolution’ by Sowore whose manifest intention was further enhanced and bloated by his conducts and utterances is tantamount to an act of treason and/or at least a treasonable felony punishable by death and /or life imprisonment.

Shortly after the release, I sighted a video on the social media attributed to Femi Falana, SAN; in particular, I listened with keen interest to the rhetoric of the learned Silk threatening the Federal government in a horrid tone viz; “…I do hope that the government would not charge him, the Government would not be stupid to charge Sowore…” while I have my reservation on the entire video as per the use of words by the respected silk vis-à-vis his experience with late legal juggernaut, Gani Gawehinmi, SAN (God bless his soul) and two others during the time and regime of the former Head of State, Ibrahim Badamosi Babangida, I have chosen to limit myself only to the comparison made in the video as to his experience and his try-hard comparison and allegorical stand to equate the fact narrated therein with facts and circumstances of  Omoyele Sowore. With due respect to the learned silk, I make bold to state, this time he missed it entirely.
Sowore should thank his stars Sowore is my friend, I do not hate him, but the truth be told, ‘if he is charged of anything less than treason, he should thank his stars from saving him from the cold hands of death which is the punishment for treason under the law, perhaps treasonable felony is lesser with life imprisonment as punishment. And if God would help him, Terrorism by words and conducts attracts only 20 years imprisonment of the first category and 10 years imprisonment by the second category. See section 2 and 3 of the Terrorism (Prohibition) Act.
Apart from the likelihood of been charged under any of the above laws, he would be prone to be charged in respect of other offences related and/or ancillary to treason or terrorism such as making inciting statements and conducts likely to breach public peace among others.
Femi Falana, SAN scenario and Omoyele Sowore Scenario By the about five minutes Video, Femi Falana narrated his ordeal in the hands of ex-President Babangida, what they did at that time and how they went about same , which cumulatively lead to their arrest and detention for two months before finally being charged to court for treason. By the video, Femi Falana, SAN laid to bare the illogicality in his/their arrest and how same was tabled in court and argued out.

Femi Falana is highly respected and believable, but he refused to tell the world which other words spoken or conducts put up by the them other than “Ibrahim Babangida must Go!’, I did hope that in driving home his point, the learned silk should have at least tell the world if he, late Gani Fawehinmi SAN or others made any vulgar or reckless statement other than ‘IBB must go’. No, He did not. He only emphasized on the word treason and revolution, the meaning which he partially gave and nothing more.
In Sowore situation, he was profiled by security authorities and the whole world saying: he would burn himself alive to cause Somalia and Tunisia situation. By August 5 there would no longer be DSS, there would no longer be Federal Government, there won’t be Nigeria, there would be revolution… Bla bla, reference is hereby made to the Director of State Security Services release after Sowore’s arrest.
Sowore never stopped from his utterances above to overthrow Nigeria Government, he had earlier put himself forth in a photograph with the embattled Biafra agitator , who is currently perceived as an enemy of Nigeria and who is also facing treason charge; Nnamdi Kanu, later jumped bail and now a refugee in several countries of the world; by intelligence report, The Director of SSS said “there is proof that Sowore was contacting and working with some persons outside Nigeria to cause disaffection, chaos and anarchy in the country…”in other words, any other persons seen as Nigerian enemy in place of sponsor or accomplice, whom Sowore may be contacting and working with may be unknown and/or undisclosed to the public. This is purely under the purview of SSS with the discretionary power to disclose details or not for security reasons. The question is, is Falana, SAN or any of us privy to such facts which the DSS may have information on?
By the last two paragraphs above, can you say or infer that what Falana, SAN said about himself, late Gani Fawehimi and others on the protest of operation ‘IBB must go’ (only) and what Omoyele Sowore did by conducts and utterances prior his arrest and conclude that same are similar or the same? The answer is capital NO!
If you listen to Femi Falana, SAN narration and read section 37(1) & (2) and 41 of the Criminal Code Act and the provisions of Terrorism (Prohibition) Act, I am sure by the time you are done reading, the learned Silk stand would not hold water. to you His compared narration is not in any way the same or cloned with an iota of similarity.
For avoidance of doubt, I provide the provisions of the section 37(1), (2) and Section 41 of the Criminal Code Act as follows:
37. Treason (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 that levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to punishment by death

41. Treasonable felonies 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 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.
It is worthy of note that the conducts of Omoyele Sowore on all fore, particularly by his manifest utterances is meant to levy war on Federal Government of Nigeria and overthrow same not using constitutional means, hence amounts to an act of treason punishable by death. Or at least, his manifested intention to change the system of government via unlawful means, makes him liable to life imprisonment.
You would recall that nobody came for Nnamdi Kanu until he started to say ‘he is consulting with foreign forces to make bombs and that he would burn down Nigeria, because Nigeria is a zoo…’ Nnamdi Kanu never even used the word ‘revolution’, yet liable for treasonable charge.
In the circumstance, no country in the world would fold its harms and wait for any individual or group to manifest his threat against the interest of the larger populace of the citizenry.
As a Nigerian citizen, If you want to protest, lawful protest is constitutionally guaranteed, the qualification is that it must be peaceful. That is why Section 40 of the Constitution sub-headed same ‘Right to Peaceful Protest and Lawful Assembly’. In other words, if you aim or manifest any intention to topple a democratically elected government, its treason and the punishment would be determined by the extent of your conduct, utterances and manifestation of your intention(s). Kindly be guided that under the law, no right is absolute. all rights are qualified with strong worded derogations balancing other individual and societal rights.
Semantically, ‘REVOLUTION’ has two or more meanings; one is violent in nature, the other is systematical. Whichever one Sowore meant would be interpreted by his conduct and utterances at the court of law.
You don’t have to use the word revolution to be charged for treason and you can use same word revolution and you are not committing any offence; at least Nnamdi Kanu never used the word revolution, yet he was sighted. Your utterances and conducts is all that would speaks and give out your intention.

Falana Self Interest is paramount to him this time
We would believe, the opinion of Femi Falana, SAN is tainted with self interest of the fact that Sowore is his client. The leaned Silk wordings in the video are hereunder quoted as follows;
“…While in custody, Sowore said he won’t write any statement until he talks to his lawyer, and they asked, who is your lawyer and he answered, Femi Falana. In all fairness to the DSS they gave Sowore phone to call me while in custody and I spoke with him and I told him, the Government would not be so stupid to charge you with treason…”
As Sowore’s Lawyer, it is natural that Falana, SAN by his self interest would allure to any instance to free his client, even if such situations does not relate. Unfortunately, the court looks and decides all facts based on their peculiarity. And let it be told that the national interest is paramount and mightier than any individual interest. Be it that of Sowore or the learned Silk, Falana.
I would advise that Falana, SAN should seek political solution for his client’s conduct rather than threatening the institution and calling Federal Government stupid, otherwise, I don’t see Sowore surviving the tsunami of time to come.

Sovereignty belongs to the people. We voted our leaders into government to act in our best interest and protect us from threat of dangers and war. If you call them stupid because of one man, you are insulting all Nigerians who submitted their powers to them. 
Ask Somalia, Syria and Tunisia etc to know how sweet war is. May we never witness war!

Richarmond O. Natha-Alade is a legal Practitioner and Principal Partner at Sun Natha-Alade & Partners (SNATHAP)

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REVOLUTION: Sowore was not properly advised, He may be sentenced to death – Richarmond O. Natha-Alade

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