Femi Falana, a Senior Advocate of Nigeria and foremost Human rights lawyer, has declared that asking President Buhari to resign is not an offence.
Falana spoke in a statement released on Sunday against the background of the arrest by Salisu Tanko-Yakassai, a former Special Adviser on Media to Kano State Governor, Abdullahi Ganduje, by the Department of State Services, shortly after he criticized the president.
His statement was titled, ‘Asking Buhari to Resign is Not An Offence’.
Going down memory lane, Falana recalled that many retired military officers and political party leaders, even leaders of the ruling All Progressive Congress, severally called on the president resign over the escalating insecurity in the country. Given this, Falana argued that there was justification for Yakassai’s arrest and detention.
Falana also noted that even in the National Assembly there had been strident calls by the lawmakers for Buhari’s resignation or even impeachment on the grounds that criminal gangs have taken over the monopoly of violence in the country.
He, therefore, argued that Yakassai’s arrest, given the other calls made for the same purpose, was high-handed, discriminatory, and illegal.
“It is on record that the APC and its leaders including General Buhari; National Leader, Bola Tinubu; Malam Nasir El-rufai and Alhaji Lai Mohammed repeatedly called for former President Goodluck Jonathan’s resignation between 2013 and 2014 yet they were never subjected to any form of intimidation for exercising their freedom of expression at the material time,” he noted.
“Since the call for President Buhari’s resignation is likely to continue to be made by other concerned individuals and groups over the virtual collapse of the security architecture of the neo-colonial state it is pertinent to draw the attention of the State Security Service to the case of Arthur Nwankwo v the State 1985 6 NCLR 228 where the Court of Appeal charged the Nigerian people to engage in relentless criticism of democratically elected governments.
“In particular, Olajide Olatawura JCA (as he then was of blessed memory) had this to say: The decision of the founding fathers of the present constitution which guarantees freedom of speech which must include freedom to criticise should be praised and any attempt to derogate from it except as provided by the constitution must be resisted.”
Yakassai was also sacked by Ganduje over the same comments he made on Buhari.
Also reacting to Yakassai’s arrest, the opposition People’s Democratic Party has demanded the immediate and unconditional release of Yakasai.
Kola Ologbondiyan, PDP’s spokesman, said in a statement that the arrest of Yakasai as well as his alleged detention was completely unacceptable.
“Salihu Yakasai’s ordeal is a sad reminder of the sudden disappearance of another known critic of the Buhari administration, Abubakar Idris, popularly known as Abu Hanifa Dadiyata, since August 2019”, the statement said.
The opposition party reminded the Buhari administration that Nigeria is still a democratic nation, noting that the rights of citizens, including their freedom of expression within the limits of the law, are firmly enshrined in the 1999 Constitution (as amended), warning that these rights must be respected.
“Our party, therefore, rejects the arrest of Salihu Yakasai for joining other patriotic Nigerians in demanding a presidential commitment of a decisive action to rescue the abducted Zamfara schoolgirls as well as to end all acts of terrorism in our country.
“The PDP also condemns the decision of the Governor of Kano State, Alhaji Umar Ganduje, in summarily relieving Salihu Yakasai of his appointment as his Special Adviser on media, on the ground that his patriotic demand for a decisive action to end terrorism was contrary to the stand of the APC government.
“It is also instructive to note that Governor Ganduje equally warned all political appointees and public servants in the state against such patriotic expressions like those made by Salihu (Yakasai).
“The action of Governor Ganduje has again heightened apprehensions on the alleged connections between APC leaders and the bandits pillaging our nation.
“In this regard, the PDP demands that Governor Ganduje comes clean on the matter.
“This is because such stances have continued to embolden bandits while frustrating patriotic citizens who are raising voices against acts of terrorism in our country.”
The PDP charged Nigerians to hold the APC and its leaders responsible for the escalated acts of banditry and terrorism in the country as well as any harm that may come the way of well-meaning citizens who are raising their voices against the activities of outlaws in the country.