- Says sit-at-home not offense
From Jeff Amechi Agbodo, Onitsha
The leadership of the International Society for Civil Liberties and Rule of Law (Intersociety) has called on the Governor Peter Mbah administration of Enugu State to quickly retrace its steps to avoid plunging the State into another Imo killing and battle field.
The group called on Enugu State Government as a matter of urgency and inexcusability unseal and reopen all markets and other businesses it tyrannically shutdown and refrain from such dastardly acts of Executive recklessness and brigandage.
The Chairman of Intersociety, Mr Emeka Umeagbalasi, in a statement said that the lawful act of doing business in Enugu or any part must not be allowed to be criminalized and made vulnerable to state and non state dark forces of destruction.
“The Enugu State government under Gov Peter Mbah must be told in clear and unequivocal terms that ‘Sit-at-Home’ is not a criminal offense with prescribed penalties in any written law governed by the 1999 Constitution and the Nigeria’s acceded Rights and Humanitarian Treaty Laws. The Executive ‘criminalization’ of the “Monday-Sit-At-Home” by ways of tyrannical or dictatorial orders or military and police siege or threats of force or use of same including sealing off markets and use of deadly force against stick and placard-carrying victim-population are nothing short of Executive recklessness and abuse of office.
“They are also clear acts of criminalization of security and other safe conditions or de-criminalization of insecurity and other unsafe conditions. Such Executive conducts are also unconstitutional, illegal, extra legal, extra jus and impeachable.
Intersociety continued: “If Governor Peter Mbah of Enugu State is truly concerned, his Government must critically address the fundamental causes and the triggers of the “Monday-Sit-At-Home” which include the continued detention without trial of IPOB leader, Nnamdi Kanu and sources of the political supports and weaponization by those behind proclamation and enforcement of the “Monday-Sit-At-Home” including whether they are linked or not linked to Nigeria’s national or sub-national government or their top functionaries.
“It must again be pointed out that going by the clear provisions of the 1999 Constitution and the Treaty Rights and Humanitarian Laws, ‘Sit-At-Home’ is not a criminal offense; and exercise of same has never constituted criminal offense known to written law with prescribed penalties in the country.
“This is to the extent that ‘Sit-At-Home’ is part of the Godly endowed Human Rights or Natural Rights of Human Persons. ‘Right to Freedom to Sit-At-Home’ shares same freedom with ‘Right to Freedom of Worship or Religion, Ethnicity or Tribe’ which is further strengthened by ‘Rights to Freedom of Thought and Conscience” contained in Section 38 of the 1999 Constitution as amended.
“Criminalizing ‘Sit-At-Home’ is like criminalizing Rights to Freedom of Worship and Ethnicity guaranteed by the same Section 38 of the Constitution; likewise Section 37 which guarantees citizens’ right to Family and Privacy. By Section 1 (3) of the 1999 Constitution, ‘if any other law is inconsistent with the provisions of the Constitution, the Constitution shall prevail and that other law shall to the extent of its inconsistency be void.’
“The sum-total of the above also indicates that ‘Sit-At-Home’, though could be economically damaging in the context of “Monday-Sit-At-Home” but it does not constitute criminal offense(s). Section 36 (8) and (12) of the Constitution of Nigeria 1999 specifically forbids any form of executive criminalization and punishment of any citizen over act or conduct that does not constitute an offense with prescribed penalties in a written law as at the time such act or conduct was carried out. The conducts of the present Governor and Government of Enugu State are also nothing short of false gallantry and state extremism.
“The most shocking of it all is the continued reckless and indiscriminate use of brute or deadly force by the Nigeria Police and the Military personnel and their commanders in policing or managing democratic assemblies and free speeches for purpose of de-escalating them and ensuring general public safety.
“Apart from being deeply divided along ethnic and religious lines, policing agencies and their officers in the country including Enugu State have remained crude and barbarous and refused to apply or use the following modern crowd control methods or approved kits: tear gas, rubber bullets, pepper spray, electric tasers, batons, whips, water cannons, long-range acoustic devices, aerial surveillance, police dogs, etc; with their handlers bodily aided or protected by body protective devices such as anti crowd helmets, face visors, body armor (i.e. vests, neck protectors, knee pads, etc), gas masks and anti crowd shields, etc,” Umeagbalasi stated.