Lagos Fiery Lawyer, Mr Femi
Falana(SAN), has declared that the All Progressives Congress-led Federal
Government was allegedly misled into having the erroneous impression that only
border closure can guarantee food security and economic development in the
country.
Falana, a social crusader and
human rights activist added that the National Assembly lacks the constitutional
powers to promulgate any law under the guise of Hate Speech, saying such was
not captured under the exclusive and concurrent lists of the 1999 constitution.
The human rights lawyer clarified
that going ahead to promulgate such law would not only betray the trust reposed
in the National Assembly by the Nigerian populace but would erode the powers of
the state legislative arm since Nigeria operates a federal system of
government.
Speaking in his Ilawe Ekiti
country home on Wednesday during the burial procession for Mrs Ibijola Falana,
the Lawyer said it was wrong for President Muhammadu Buhari to have closed the
borders indefinitely without taking cognisance of the fact that such will
inflict serious pain on the already burdened Nigerian citizens.
“I don’t support the closure
because it is illegal, immoral and economically senseless. It cannot be
defended under the ECOWAS Protocol on Free Movement of Persons and Goods.
Punishing millions of community citizens for the offence of a few smugglers is
immoral. Contrary to the claim of the federal government that smuggling has
stopped the criminals involved in the nefarious trade have merely changed
tactics.
“Following incessant trans-border
crimes including armed robberies and smuggling of vehicles from Nigeria to
Benin Republic in 2003, Olusegun Obasanjo administration closed the land border
between Nigeria and Benin Republic for about a week. Before the border closure,
the federal government had investigated and confirmed that one Mr. Ahmadu
Tijanni, a highly influential citizen of Niger Republic based in Cotonou was
the mastermind of the trans-border criminal activities. Even though he was a
sacred cow in Benin Republic, Mr. Tijanni was arrested by a team of the Nigeria
Police.
” Tidjani was tried, convicted
and jailed for armed robbery by the Ogun State High Court. In view of the fact
that the Customs Service in Benin Republic is hampered from collaborating with
its Nigerian counterpart to stop the smuggling of goods from Benin Republic to
Nigeria, the Federal Government ought to report President Patrice Talon for
using a private company to manage its Customs affairs. This is the only way to
stop smuggling, not border closure alone”
On the vexatious hate speech bill
proposal, Falana insisted that the Supreme Court had declared in a number of
cases that the National Assembly lacks the constitutional powers to make laws
outside its legislative competence, which by implications are residual matters
meant for the houses of assembly.
“The attention of the national
assembly members ought to be drawn to the fact that the Penal Code and Criminal
Code applicable in the Northern and Southern states respectively have made
provisions for hate speech because it is a state offence. Hence, the House of
Assembly of each of the states has enacted laws against incitement, false
accusation, sedition and criminal defamation. No doubt, the constitutional
validity of the hate speech bill will be challenged in court if it is passed by
the National Assembly and assented to by President Buhari.
“Unfortunately, while the
attention of Nigerians is fully concentrated on the hate speech bill APC and
PDP governors are using the Terrorism Prevention Act, Cybercrime Act, penal
code and criminal code to suppress press freedom and freedom of expression in
the country. The authorities of Cross River State, Akwa Ibom State, Kano State,
Kaduna State, Katsina State. Delta State and Zamfara State have charged the
opponents of governors with criminal offences including terrorism and
treasonable felony.
“Two students have been
rusticated by the Federal University of Agriculture. Abeokuta and Taraba State
University for exercising their freedom of expression via social media. State
governors who are waging such reckless attacks on freedom of expression ought
to be exposed and fought”.
Falana said the proponents of the
seemingly clandestine third term agenda were ill advised on the venture,
describing it as a sad reminder of the military era.
“Indeed, the case is a sad reminder
of the case filed in court by the Association for Better Nigeria set up by
Senator Arthur Nzeribe to pave way for General Ibrahim Babangida’s extended
tenure agenda. In Benin Republic, Togo, Cote d’Ivoire, Guinea and Guinea Bissau
the governments have plotted third term plans by rigging elections at gunpoint,
suppressing the media, disobeying court orders and perpetrating illegalities
under the pretext of defending national security.
“I was compelled to conclude that
all manifestations of the third term agenda are present in Nigeria. Even though
President Buhari has distanced himself from the third term agenda his
administration must go beyond the verbalisation of the denial.
” Instead of constricting the
democratic space the regime should be open up. Rigging of elections should be
completely outlawed in the country. The suppression of the media should end
while court orders should be fully complied with”. He added
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This man is sick and selfish
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