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.
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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.
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