* Says: All those declared winners shall be sworn-in until…
A notable rights lawyer, Mr. Femi Falana (SAN), has dismissed the claim by the Muhammadu Buhari administration that the Labour Party (LP) presidential team of Peter Obi and Datti Ahmed is engaging in subversive acts.
The Minister of Information and Culture, Mr. Lai Moahmmed, had accused the duo in faraway Washington of plotting violent change of government in Nigeria by not accepting the outcome of the February 25 presidential poll.
Specifically, Obi’s running mate in the election Datti has come under attacks over his comment that the winner of the poll, Asiwaju Bola Tinubu, would not be sworn-in on May 29.
But Falana, however, said all the candidates pronounced victorious by the Independent National Electoral Commission (INEC) in the different segments of the general election would be sworn-in on the set day, including those of Labour Party.
Dismissing the government’s charge of treason against the Labour presidential ticket, the Senior Advocate said Section 37 of the Criminal Code Act is clear and the duo had not infracted it by their recent utterances, regardless of the political optics.
He said: “Messrs Peter Obi and Datti Ahmed have approached the court to challenge the results of the presidential election in line with the provisions of the Constitution and the Electoral Act.
“The law provides that the persons declared by INEC to have won the elections shall be sworn in pending the determination of the election petitions.
“The law prescribes 180 days (6 months) for hearing of election petitions and 60 days (two months) for appeals arising from the decisions of trial courts or tribunals.
“All elected candidates including Labour Party elected members are going to be sworn in on May 29.”
Speaking on Datti’s comments Falana said expression of one’s opinion does not amount to treason.
“Whoever says inauguration will not hold is merely expressing his or her opinion. It is not treason to express one’s personal opinion” he contended, adding: “By virtue of section 37 of the Criminal Code Act, treason occurs when any person levies war against the State, in order to intimidate or overawe the President or the Governor of a State.
“Any person found guilty of treason, and is liable to the punishment of death” he concluded.