Wetin be sedition and di implication for Nigeria as police charge 76 Russian flag-flying suspects

Protesters waving Russian flags

BBC

Di Kano State Police Command don transfer 76 suspects, including one foreign national, to di Force Headquarters for Abuja for discreet investigation on top sedition charge.

Dis action na di aftermath of di ten days EndBadGovernance protest in Nigeria wey later turn violent for some states.

Di Kano State Commissioner of Police Salman Dogo Garba tell tori pipo on Monday 12 August say one printing press also dey under investigation.

“Di update na sake of how hoodlums under pretence of nationwide protest cause violent for di state.”

Di 76 suspects out of hundreds wey bin chop arrest during di protest go face sedition charges for court.

Wetin be sedition?

Even though pipo for any democratic society get right to freedom of expression, pesin fit commit crime like sedition during di process if care no dey taken.

According to di publication, Freedom of expression, offences against di state by Olanrewaju Olamide wey dey posted for di Nigerian Criminal Law.

Sedition na any act, speech or publication wey pesin do wit seditious intention.

Seditious intention dey defined by di provision of Section 50 (2) of di Criminal Code, wey say:

50 (2) A “seditious intention” na intention –

(a) to bring into hatred or contempt or excite disaffection against di pesin of di president or of di govnor of one state or di goment of di federation; or

(b) to excite di citizens or oda inhabitants of Nigeria to attempt to procure di alteration, otherwise dan by lawful means, of any oda mata for Nigeria as by law established; or

(c) to raise discontent or disaffection amongst di citizens or da inhabitants of Nigeria; or

(d) to promote feelings of ill-will and hostility between different classes of di population of Nigeria.

Di provision of section 51 (2) further make arrangement for situations wey no go dey regarded as constituting seditious intention. E provide:

But an act, speech or publication no dey seditious by reason only say e intend – to show say di president or di govnor of one state don dey misled or mistaken in any measure in di federation or a state, as di case fit be; or

(ii) to point out errors or defects in di goment or constitution of Nigeria, or of any state thereof, as by law established or in legislation or in di administration of justice wit view to di remedying of such errors or defects; or

to persuade di citizens or oda inhabitants of Nigeria to attempt to procure by lawful means di alteration of any mata for Nigeria as by law established; or

to point out, wit view to dia removal, any mata wey dey produce or get tendency to produce feelings of ill-will and enmity between different classes of di population of Nigeria.

E further dey provided for in section 50 (3) say to determine whether one act dey done wit seditious intention, dat kind pesin fit dey deemed to intend di natural consequences wey go flow from im actions.

Di punishment for sedition

Di Criminal Code for section 51 provide di punishment for di offence of sedition. Di section say:

51 (1) Any pesin wey –

(a) Do or attempt to do, or make any preparation to do, or conspire wit any pesin to do, any act wit a seditious intention;

(b) utter any seditious words;

(c) print, publish, sell, offers for sale, distribute or reproduce any seditious publication;

(d) import any seditious publication, unless e get no reason to believe say e dey seditious; go dey guilty of an offence and liable on conviction for first offence to imprisonment for two years or to a fine of two hundred naira or to both such imprisonment and fine and for a subsequent offence to imprisonment for three years and any seditious publication gatz dey forfeited to di state.

(2) Any pesin wey witout lawful excuse get for im possession any seditious publication gatz dey guilty of an offence and liable on conviction, for one first offence to imprisonment for one year or to fine of one hundred naira or to both such imprisonment and fine, and for subsequent offence to imprisonment for two years; and dat kind publication gatz dey forfeited to di state.

E suppose dey notee say di prosecution for di offence of sedition gatz start within six months afta di offence dey committed.

Prosecution for di offence of sedition no fit dey carried out except wit di written approval of di Attorney General of di Federation or of di state wey dey concerned.

E also suppose dey noted say wen e come to di uttering of seditious words, one pesin no fit dey convicted on di uncorroborated testimony of just one witness.

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