President Buhari called for revolution, was never arrested or prosecuted – Falana

“We submit that the use of the word Revolution is not a criminal offence in Nigeria and it has never been criminalized.  Hence, President Buhari called for a revolution and was never arrested or prosecuted”.

“If the President feels offended by any statement made by the 1st defendant, the only option open to him into sue for libel. 

“In Nigeria today the right to protest has been guaranteed and recognised by the Constitution”.

The Publisher of Saharareporters, activist and convener of the RevolutionNow protest Omoyele Sowore ’s lead counsel, Mr. Femi Falana, SAN, said that ‘President Muhammadu Buhari called for a revolution he was never arrested or prosecuted”

Falana, made this known at the Federal High Court sitting in Abuja, on Friday, where activist and convener of the RevolutionNow protest Omoyele Sowore and his co-defendant, Olawale Bakare (aka Mandate). were granted bail

Falana argued that since he is presumed innocent by virtue of section 36 of the 1999 Constitution, the onus was on FG to establish why he should remain in detention.

Falana contended that despite its allegation that Sowore planned to overthrow the government of Nigeria by staging a protest tagged RevolutionNow, FG, failed to adduce any evidence to substantiate the charge.

He told the court that current leaders of the ruling All Progressives Congress, APC, including President Muhammadu Buhari, had in 2011, called for the kind of revolution that took place in Egypt, which he said was violent. He noted that in the instant case, Sowore had specifically warned his followers not to engage in any form of violence but to protest peacefully.

“We submit that the use of the word Revolution is not a criminal offence in Nigeria and it has never been criminalized. Hence, President Buhari called for a revolution and was never arrested or prosecuted”.

He noted that the only time some youths were arrested for using the term “Revolution” was in 1948 under the colonial era, adding however that they were not charged with treason but with sedition. On count-two of the charge that bordered on allegation that Sowore insulted President Buhari, Falana, argued that under the law, no public office is allowed to use the machinery of the state to settle scores with his opponent.

“If the President feels offended by any statement made by the 1st defendant, the only option open to him is to sue for libel. “In Nigeria today the right to protest has been guaranteed and recognised by the Constitution”.

Falana told the court that Buhari had in 2003 after he lost election under the defunct ANPP and decided to stage protest all over the country and was stopped by police, briefed him to go to court to challenge the action. He said the Court of Appeal, in its judgement in 2008, upheld the right of Nigerians to protest against the government without firstly securing a police permit.

He further argued that allegation of money laundering in the charge was not enough to deny the defendants bail, “when those that stole billions have all been granted bail”.

He contended that whereas Dokubo admitted in a statement that he was involved in the blowing up of pipelines in the Niger Delta, Sowore never admitted that he committed any offence in the statement he offered at the DSS.

Falana therefore urged the court to grant Sowore bail on self recognizance or on very liberal terms, describing him as “a political leader”.

He drew attention of the court to the fact that Sowore was earlier granted bail on the condition that he should deposit his international passport with the Registrar of the court.