Sixty years ago when the government of the late Sir Tafawa Balewa slammed a treason charge against late Chief Obafemi Awolowo, the Action Group leader and his lieutenants, those familiar with political developments around the world knew it was going to change the workings of government and the history of the country. It did. It led to a breakdown of law and order and the military intervention that followed.

Not a few were shocked when the Minister of Information and Culture, Alhaji Lai Mohammed in far-away Washington DC while interacting with international media organisations and think-tanks on the just concluded 2023 polls on Tuesday, April 4, 2023, alleged that Mr. Peter Obi and his running mate, Dr. Datti Baba Ahmed Yusuf have been inviting insurrection since they lost the February 25 presidential election. Hear him: “Obi and his Vice, Datti Ahmed cannot be threatening Nigerians that if the President-elect, Bola Tinubu of the All Progressives Congress (APC) is sworn in on May 29, it will be the end of democracy in Nigeria.

“This is treason. You cannot be inviting insurrection, and this is what they are doing. Obi’s statement is that of a desperate person, he is not a democrat that he claimed to be,” Alhaji Mohammed said matter-of-fact”.

But an Abuja based Senior Advocate of Nigeria (SAN) Mr. Bola Aidi said he was convinced that even if the Federal Government decides on a charge against Peter Obi and Datti Ahmed as stated by the Information and Culture Minister, Alhaji Lai Muhammed, Peter Obi would surely be exonerated.

Barr Bola Aidi SAN

In a swift reaction, the presidential candidate of the Labour Party (LP) responded saying: “In the past few days, I have observed various campaigns of calumny directed at my person, with the latest being allegations attributed to the information Minister, Lai Mohammed from Washington DC.

“It is most unfortunate that these consistent efforts to portray me quite contrary to what I am, and my core values, are coming from such high quarters. Minister Lai accusing me of stoking insurrection is totally malicious and fictitious. I have never discussed or encouraged anyone to undermine the Nigerian state; I have never sponsored or preached any action against the Nigerian state. Those initiating these actions have increasingly used their official positions and agents to make false allegations against me.

“I am on record as always, advocating for peace and issue-based campaign and never campaigned based on ethnicity or religion. I am committed to due process, and presently seeking redress in the Court. I urge those engaged in this demarketing process to stop presenting Nigeria in such bad light. Our future generations deserve a new Nigeria, where they can live a secure and decent life like their counterparts in other climes. It is possible.”

In a series of tweets of Wednesday, Mr. Obi on his Twitter further gave detailed explanation of his activities “I repeatedly stated that no one should vote for me based on Tribe or Religion, but rather on the assessment of Character, Competence, Capacity, Credibility, and Compassion that can be trusted to create a New Nigeria! The present attempts by the APC as a Party, and the APC Led-government through some government officials and agencies to divert our attention from our blatantly stolen mandate is unfortunate and sad.

“These have come and continued to manifest in different ways, such as the malicious accusation of the Minister of Information, Mr Lai Mohammed, the circulation of a fake doctored audio call, and pressure on me to leave the country. Let me reiterate that the audio call being circulated is fake, and at no time throughout the campaign and now did I ever say, think, or even imply that the 2023 election is, or was a religious war.

“The attempts to manipulate Nigerians is very sad and wicked. Our legal team have been instructed to take appropriate legal actions against Peoples Gazette and others. While we call on all concerned Nigerians and the International Community to implore the APC and the APC Led-government to stop their nasty attacks, my focus and commitment to lawfully and peacefully retrieve our mandate to secure and unite our Nation.

“Before, during, and after the campaign, it is on record that I have maintained my commitment and focus on an issue-based campaign about a New Nigeria that is Possible. A New Nigeria characterised by inclusion, justice, equity, fairness, and prosperity and take Nigeria from consumption to production, will pull millions of Nigerians out of multidimensional poverty, especially in the North, and jumpstart prosperity through agricultural, industrial, and technological revolution remain unchanged.

“Elections are over, and we are in court to retrieve our stolen mandate. Let me reiterate that we are doing so through all lawful and peaceful options in line with our legal system and constitution, and I continue to implore all Nigerians to remain peaceful and law-abiding.

“Those fixated with heating up the polity, creating divisions, tensions and hatred within and outside Nigeria should remember that Nigeria is our only country. Our focus should be on how to address the litany of challenges facing us, such as: flawed electoral processes, the parlous state of our economy, unsustainable debt burden, lamentable unemployment and inflation, insecurity, and multidimensional poverty. A New Nigeria is indeed POssible, and God will help us”.

The allegation levelled against the LP standard bearer in the 2023 general election is both grievous and weighty. Treason is a unique offence. The law regards as paramount, the safety and stability of the state and it’s leaders. The offence of treason is, therefore, part of measures put in place to ensure the safety and stability of the state and it’s leaders.

Understanding the Treason Charge

In a layman’s language, treason connotes the act of levying war against the state and abandoning ones allegiance to the state. The nation’s statute books recognized the crime of treason. Section 37 of the Criminal Code provides that anybody who levies war against the state(or conspires to)in order to overawe the president or governor of the state is guilty of treason and liable to punishment of death.

Section 40 of the Criminal Code levies life imprisonment on accessories after the fact and those that fail to prevent the commission of treason while Section 41 deals with treasonable felony with life imprisonment.

Treasonable felony is committed where a person attempts to remove a legally elected president or governor through unlawful means. For a crime of treason, the trial must commence within two years of committing the crime. The Federal High Court has the power to exercise jurisdiction in respect of treason, treasonable felony and allied Offences.

Treason trial is not new in Nigeria. The most celebrated was that of Chief Obafemi Awolowo, now late who was charged with treason by the government of Prime Minister, Sir Tafawa Balewa. He and his lieutenants were detained in 1962 and convicted on September 11, 1963 by Justice George Sodeinde Sowemimo.

On September 12,1963 the New York Times published a frontpage story:” Nigeria Imprisons Opposition Head For 10years; Chief Awolowo Found Guilty After Long Treason Trial 17 Other Prominent Figures Are Also Sentenced Police Guard City ‘Tools in a Grand Design”

Commenting further, Mr Bola Aidi SAN said the Law on treasonable felony is encapsulated in the provisions of section 41 of the Criminal Code Act , the summary of which is that it is a treasonable felony for anyone to form an intention to do any of the following:
1. To remove a president during his term of office otherwise than by constitutional means
2. Remove the Governor of a State during his term of office otherwise than by constitutional means
3. To levy war against Nigeria in order to by Force or constraint to compel the president to change his measures or counsel ,or
4. In order to put any force or constraint upon him, or
5.In order to intimidate or overawe any legislative house of the national assembly or state
6.To instigate any foreigner to invade Nigeria by force of arms and to carry out overt acts towards such intension.
The punishment for treasonable felony is life imprisonment.

“It is my humble submission that the statement credited to H.E. Peter Obi in the alleged conversation wherein he spoke about “religious war” cannot be located within the confines of the provisions of section 41 of the Criminal Code Act as the statement was not directed at the President and no intention to intimidate or overawe the president towards a particular purpose could be analysed from the said statement”, he stressed.

The learned silk said :”Contrariwise, it is my humble submission that the statement of Datti Ahmed that it will be unconstitutional to swear in an elected president on May 29 2023 because of election irregularities will ordinarily not constitute an offence under the law if it is not laced with any threat directed at the president in order to overawe the president into performing an act or to refrain from the performance of an act or a policy upon which he is determined.

“Was there an attempt to overawe the president by Datti Ahmed from the performance of a duty constitutionally imposed upon him by law? If the tape of the interview I saw was not an edited version, i am convinced that Datti Ahmed was very clear on the consequences of the president allowing the swearing in of the president elect, to wit; collapse of Democracy.

“The statement can surely be situated within the confines of the provisions of section 41 (c) of the Criminal code for the purpose of prosecution as the said statement is clearly an attempt to ” put any force or constraint upon ” the president of the Federal Republic of Nigeria in order to constraint him from doing an act,”he stressed.

Mr. Aidi (SAN) recalled that: ” in the Case of Omisade & Ors v The Queen, the case of treasonable felony was decided against Chief Obafemi Awolowo and a few orders while some of the parties charged were discharged and acquitted.

I am convinced that even if the Federal Government decides on a charge against Peter Obi and Datti Ahmed as stated by Lai Muhammed, Peter Obi would surely be exonerated”