Senior Advocate of Nigeria, Jibrin Sam Okutepa has said that
Section 1 (2) of the Constitution does not admit of any revolution
otherwise than through democratic process vide the processes
permitted by the constitution itself.
Mr. Okutepa made this statement in reaction to comments on the
planned revolution against the current government by Sowore and
other youths in Nigeria, as well as comments that develop there
from.
The Constitution of the Federal Republic of Nigeria 1999 as
amended in Section 1(2) thereof provides that the Federal Republic
of Nigeria shall not be governed, nor shall any persons or group of
persons take control of the Government of Nigeria or any part
thereof, except in accordance with the provisions of this
Constitution. This section with respect does not admit of any
revolution otherwise than through democratic process vide the
processes permitted by the constitution itself.
He noted that there is no right that got no limitations; that is
why Section 45. (1) of the same Constitution provides that: Nothing
in sections 37, 38, 39, 40 and 41 of this Constitution shall
invalidate any law that is reasonably justifiable in a democratic
society
(a) in the interest of defence, public safety, public order,
public morality or public health; or
(b) for the purpose of protecting the rights and freedom or other
persons.
”I have read some comments from prominent Nigerians who have
expressed the views that calling for revolutionary change of
government other than through democratic means comes within the
purview of fundamental rights.
Nothing can be further from the truth than this fallacious and
self-destructive and defeating arguments.
”First, while I concede that demonstration is part of the
constitutional rights of expression, calling for revolution for
change of government in democratic set up is not part of the
freedom guaranteed by the constitution. That is why Section 1(2) of
the Constitution earlier cited does not support that position.
Those who have ruled this country and have no tolerant for freedom
must not mislead gullible citizens into believing that
revolutionary change of government and calling for overthrowing
government is part of the fundamental rights. It is not.
”Secondly, there is no rights that got no limitations. That is
why section 45. (1) of the same constitution provides that: Nothing
in sections 37, 38, 39, 40 and 41 of this Constitution shall
invalidate any law that is reasonably justifiable in a democratic
society
(a) in the interest of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedom or other
persons,” he said.
Speaking further, he said that he does not support suppression
of rights, adding that Freedom is crucial to human development, but
existence of government itself is a limitation to the kind of
freedom we advocate in Nigeria.
”Some Nigerians seems to be encouraging all manners of
subversive and destructive freedoms out of partisan political
bitterness and hatred. Nigerians do not need revolution in the form
of blood letting.
Those who encourage street revolution are far removed from those
who will pay the Supreme prices for the so-called revolution to
overwhelm government.
”While life is tough in Nigeria, we cannot make it tougher by
calling for revolution through illegitimate means of changing
government.
I support any programme that will educate Nigerians to freely
change bad government. No doubt we have bad government but the
methods to change the government must not be through violence
change of power. We must be careful with what we support for purely
primordial partisan interest,” he added.