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GOVR. MASARI AND THE PERSECUTION/PROSECUTION OF JAMILU MABAI, BASHIR DAUDA AND ONE OTHER


An injury to one is injury to all
Masari #MustFreeOurSocialMediaActivist
And #2019 is Coming Insha Allahu
We will unite Against #APC And You #MASARI.
Alkalami Yafi Takobi.
#FreeMabai#


By: Barr Muhd Dutsinma

AT WHOSE INSTANCE IS THE PROSECUTION/ PERSECUTION?!
The Provisions of Sec. 211(1)(a, b and C) of the 1999  Constitution (as amended) and plethora of Judicial Authorities have empowered Govr. Masari’s ‘self chosen and appointed’ Attorney General and Commissioner of Justice to ‘institute and undertake …’, ‘take over and continue …’, or even ‘discontinue …’ ‘criminal proceedings against any person before any court of law in Nigeria …’. This have clearly implies that it’s at Govr. Masari’s instance and pleasure that the above mentioned people are respectively being


prosecuted/persecuted before a Magistrate Court in Katsina for an alleged offence of ‘causing disaffection (sedition)’ to his Government. We may also recall that about two month ago, one Abdulkadir Mohd was also arraigned before another Magistrate Court for equally a similar alleged offence of   ‘Inciting public’ against this same Government of Masari.
But these prosecutions/persecution does not come as a bolt from the blue, for it’s well adduced within the milieu of Govr. Masari’s respective ill-famed, ignominious and villainous vituperation of ‘nobody can intimidate me’ and that ‘billahillazi la’ila ha illahuwa duk wanda yace mani kulle, nace cas (that no room for mercy against whoever dares him). Your Excellency, accept my congratulation for this your no-nonsense posture which is impliedly evident in this vigor and seriousness in instituting and maintaining criminal proceedings against your poor little subjects. And can this be the reason why you told the world that construction of new prison in Katsina State is in the pipeline?!
IS SEDITION AN OFFENCE?!
Sedition (Sec. 416 of penal code) is the alleged offence for which Jamilu Mabai and others are standing trial. But way back July 1983, in the case of Authur Nwanko V. The State it was declared illegal and unconstitutional by a unanimous decision of Court of Appeal Justices (Alfa Belgore, Olajide Olatawuru and Aikawa).
In his submission, late Olatawuru JCA (as he then was) cautioned Public Officers thus: that ‘those who occupy sensitive post must be prepared to face public criticisms in respect of their office, so as to ensure that they are accountable to the electorate.’ That ‘they should not be made to feel they live in an Ivory Tower and therefore belong to a different class. They must develop thick skin and where possible plug their ears with cotton wool if they feel too sensitive or irascible’. That ‘they are within their right to sue for defamation, but they should not use the machinery of government to invoke criminal proceedings to gag their opponents as the Freedom of Speech Guaranteed by our constitution will be meaningless…’
Concurring with and amplifying this Court of Appeal decision, renowned Constitutional Lawyer and now Chairman, Presidential Anti Corruption Advisory Committee, Prof. Sagay (SAN) said: ‘… the law of Sedition can’t co-exist with the provision of the Constitution on Freedom of Speech and Expression. The court of Appeal has declared that Sedition has ceased to exist and that is the way it must be.’
Human Right Activist Fred Aghaje Esq. totally agrees with Prof. Sagay thus: that ‘the Court of Appeal has placed a nail on the coffin of the Law of Sedition. That ‘where a writer exceeds his bounds, there should be a resort to the Law of libel. That ‘Criticism is an indispensable right in a democracy’
At this juncture, I summit that this Law of Sedition is relic of colonial rule, a tool of tyranny and a dead law as pronounced by the Courts.  And it’s baffling as to why   Katsina State Ministry of Justice and the Attorney General will embark on a course of action that is bound to bring the Government into further ridicule.
CALL FOR A GRAND PEACEFUL PROTEST:
Premised on the foregoing, can we then just fold our arms and allow this oppression to continue unchecked?! This is what calls for a grand peaceful protest (pursuance to Section 40 of the Constitution -and very mindful of its limitations -contained under Sec. 45) as one of the majors we would embark upon to lawfully check this Government that completely pay no heed to the whole essence of its being and is gradually drifting into tyrannical/authoritarian/despotic. The protest day and all other details would be communicated, and already we have earnestly started networking.
On the other hand, as law abiding citizens, all relevant security agencies, particularly the Nigerian police would be dully notified. And let it be made crystal clear that Police and any other security agency for that matter would be notified about the grand protest NOT for the purpose of having their ‘permission’ but their ‘protection’ -because it trite law in the case of ANPP V. IGP where Chinyere J. held that “ the requirement of Police permit or other authorities for the holding of rallies or precession in Nigeria is illegal and unconstitutional as it violates Sec 40 of the 1999 constitution and articles II of the African Charter on Human and people’s Right (Ratification and Enforcement) Act (cap 10) of LFN 1990”.
Affirming the above High Court judgment, Court of Appeal held that “there is no where the name of IGP is mentioned in connection with issuance of permit for the purpose of conducting peaceful assemblies… so that the requirement of permit as conditionality to holding meeting and rallies can no longer be justified in democratic society.
TO GOVR. MASARI
Ask your SSG, Dr Mustapha, as the most prosecuted/persecuted person by the immediate past government whether it pays to prosecute/persecute opponents/critiques?!  It is a vile path, most unfortunate, and indeed politically calamitous that does no good to the democratic credentials of an elected Government. May I therefore call on you to strive hard in meeting up with your campaign covenants as the only way to earn respect of the Good People of Katsina State.

I am Barr. Muhd Dutsinma
Member, Defunct ‘APC Presidential Campaign Council’.
 08027373772 (SMS only)
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