November 25, 2019 0 Comments

The prominent civil Rights Advocacy group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has asked president Muhammadu Buhari to immediately arrest and prosecute for high treason, one Mr. Charles Enya, a member of the All Progressives Congress (APC) in Ebonyi state for instituting an illegal suit seeking the violation of the constitutional provisions that stipulates two terms of four years each for the office of president and governors.

In a media release endorsed by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Zainab Yusuf, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said the treacherous act of approaching a court of law to seek to illegally overthrow the system of government through a four year tenure and a tenure limitation of only two terms of four  years each for governors and president which also amounts to canvassing the bringing into being tenure elongation against clearly established supreme law of the land which amounts to high treason must be dealt with severely. The Rights group said the suit is not only vexatious, provocative and satanic but the suit is capable of inflaming passions and bringing about cocktails of civil unrests.  

HURIWA said the federal government of president Muhammadu Buhari should also view the plaintiff in the illegal application for tenure elongation before the Federal High Court as a terror suspect whose plot to destroy the settled laws of Nigeria that stipulates two terms limitation for holders of offices of president and governor, as a direct declaration of war because of the social commotion and conflicts the proposal if considered could unleash on the Nigerian space.

“What this political jobber intends to achieve by filing this illegal application to introduce tenure elongation is to inflict civil political unrest on a bloody scale on Nigeria and this is treason. It is notorious knowledge that Treason has been defined by the Black’s law dictionary 9th editions as: The offense of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supporting its enemies. According to the provision of the Criminal Code, anyone who levies war against the state in order to intimidate or overawe the president or governor of a state is guilty of treason and should be punished by death. In this case, the plaintiff intended to inflict social unrests on a large scale which would automatically intimidate and overawe the President and governors whose tenures by settled laws can’t go beyond two terms of four years each. The Criminal Code also categorizes as treason anyone who conspires with others, either within or outside Nigeria, to levy war against Nigeria.  It is also treason to instigate a foreigner to invade Nigeria with an armed force. See: Enahoro vs. Queen. What this political sycophant wants to achieve is to unleash circumstances that would instigate war in Nigeria if his illegality is permitted by the Courts whose hierarchy are now thought to have been subdued by the Presidency.”

HURIWA recalled that one Charles Enya, a member of the All Progressives Congress (APC) in Ebonyi State, filed a suit, seeking the amendment of the constitution to allow President Muhammadu Buhari serve third term in office

According to Daily Trust, Enya, who served as organizing secretary to Buhari during the 2019 general election, filed the suit (FHC/AI/CS/90/19) before a federal high court in Abakaliki, the state capital. Enya in his petition said the two-term tenure limit given to presidents and governors is “discriminatory”.

The Rights group said the political jobber asked Abubakar Malami, Attorney-General of the Federation and the National Assembly, to remove constitutional clauses hindering elected presidents and state governors from seeking a third term in office.

HURIWA recalled that defendants in the suit include Mohammed Sani-Omolori, clerk of the National Assembly, the National Assembly; and Malami.

HURIWA quoted the petition reading in part thus: “Section 137 (1) (b) of the 1999 constitution (as amended) of the Federal Republic of Nigeria, provides that “a person shall not be qualified for election to the office of President if he has been elected to such office at any two previous elections

“While section 182 (1) (b) states that “no person shall be qualified for election to the office of Governor of a State if he has been elected to such office at any two previous elections”.

“That section 137(1)(b) of the Constitution of the Federal Republic of Nigeria,1999 (as amended) restricting the president to only two terms of four years each, is inoperative by virtue of its discriminatory nature in relation to the executive and legislative branches of government in Nigeria, and therefore null and void and thus inapplicable”.

HURIWA said it will be the greatest act of disservice to Nigeria should President Muhammadu Buhari-led administration fail to arrest, prosecute Charles Enya for the treason of seeking a third term for the President and governors which offends relevant sections of the Constitution just as HURIWA said the Federal High Court must never entertain such a treasonous litigation which in itself is an illegality. 

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