Insulting the President is not an Offense

Insulting the president is not an offense.

As the trial of the leader of Indigenous people of Biafra (IPOB), Mazi Nnamdi Kanu continues, he was before the Federal High Court, Abuja Judicial  division on Thursday, 21st of October, 2021 where seven amended charges was brought against him. One of the charges was quite controversial and has gained wild attention of people including that of the media forcing people to ask if insulting the president is a crime or an offense provided for under any Nigerian law 

The controversial second count reads;

Count Two:
That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area ot Abia State, on or about the 28th April, 2015 in London, United Kingdom did broadcast on Radio Biafra monitored in Enugu, Enugu State and other parts of Nigeria within the jurisdiction of this Honourable Court, referred to Major General Muhammadu Buhari, GCON, the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria as a pedophile, a terrorist, an idiot and an embodiment of evil, knowing same to be false and you thereby committed an offense contrary to Section 375 of the Criminal Code Act, Cap C. 77, Laws of the Federation of Nigeria 2004.

Was the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu under that Count Two actually charged for insulting the president of Nigeria who is a public official?, Is it really a crime or an offense provided in Nigerian law(s) to insult the president, the Governor or any other public official?

S.375 of the Criminal Code Act which they count two charge was brought under reads;

Publication of defamatory matter
Subject to the provisions of this Chapter, any person who publishes any defamatory matter, is guilty of a misdemeanor and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years.

It is therefore pertinent that the misconceptions be cleared that Mazi Nnamdi Kanu was not charged for insulting the president as many believed but he was charged under that count for the publication of defamation which is punishable under s.375 of the Criminal Code Act.

Insulting the president, state Governor or any other public official is not an offense provided under any Nigerian law and according to s.36(12) of the Constitution of the Federal Republic of Nigeria, 1999, nobody should be charged or punished for any offense or alleged offense that is not provided for in any extant law in Nigeria.

So people should note that Mazi Nnamdi Kanu was not charged under count two for insulting the president rather for publication of defamatory statements.

It has been held in plethora of cases by the court that a public official cannot sue while in office for insults or derogatory statements made against his person. In the case of OMEGA BANK PLC V GOVT OF EKITI STATE (2007) 16 NWLR (PT. 1061) 445 AT 478 – 479 PARA. E (CA), the Court held that “…in view of the personal nature of libel actions, public officers have no right to sue or be sued for libel. In the instant case, the respondent being public officers had no right of action in libel”,” he said in a statement.

“The idea that an organ of government or public officers cannot sue for defamation is premised on the ground that state resources must never be deployed against citizens to intimidate them into silence.

“It will be against the public interest for government/public officers to use the tax paid by the people to institute actions against them in libel. If right of action is granted to the government /public officers to maintain an action in libel.” the constitutionally guaranteed freedom of expression will be curtailed.

The rest of the charges brought against Mazi Nnamdi Kanu, the leader of Indigenous People of Biafra (IPOB) read;

Count One:
That you Nnamdi Kanu, male adult of Afaraukwu lbeku Umahia North Local Government Area of Abia State being the leader of the Indigenous People of Biafra (IPOB) on diverse dates in 2014 and 2015 in London, United Kingdom, did broadcast on Radio Biafra monitored in Enugu and other areas within the jurisdiction of this Honourable Court, preparations made by you and others now at large for states in the South-East and South-South zones and other communities in Kogi and Benue States to secede from the Federal Republic of Nigeria with a view to constituting same into the Republic of Biafra and you thereby committed an offence punishable under Section 41(c) of the Criminal Code Act, CAP. C77, Laws of the Federation of Nigeria, 2004.

Count Two:
That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area ot Abia State, on or about the 28th April, 2015 in London, United Kingdom did broadcast on Radio Biafra monitored in Enugu, Enugu State and other parts of Nigeria within the jurisdiction of this Honourable Court, referred to Major General Muhammadu Buhari, GCON, the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria as a paedophile, a terrorist, an idiot and an embodiment of evil, knowing same to be false and you thereby committed an offence contrary to Section 375 of the Criminal Code Act, Cap C. 77, Laws of the Federation of Nigeria 2004.

Count Three:
That you Nnamdi Kanu, male adult of Afaraukwu lbeku Umahia North Local Government Area of Abia State between the month of March and April 2015 imported into Nigeria and kept in Ubulusiuzor in Ihiala Local Government Area of Anambra state within the jurisdiction of this Honourable Court , a Radio transmitter known as TRAM 50L concealed in a container of used household which you declared as used household items and you thereby committed an offence contrary to Section 47 (2) of the Criminal Code of Act ,Cap C45, Laws of the Federation of Nigeria, 2004.

Count Four:
That you Nnamdi Kanu, male, adult. of Afaraukwu iIbeku, Umuahia North Local Government Area of Abia State in London, United Kingdom between 2018 and 2021 Radio Biafra monitored in Enugu, Enugu State and FCT, Abuja within the jurisdiction of this Honourable Court, professed to be a member of Indigenous People of Biafra (IPOB), a proscribed organisation in Nigeria and you thereby committed an offence punishable under Section 16 Terrorism Prevention Amendment Act, 2013.

Count Five:
That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on the 22th of April, 2021 in London, United Kingdom on Radio Biafra monitored in Enugu, Enugu State and other parts of Nigeria within the jurisdiction of this Honourable Court did an act of terrorism in that you incite the other members (followers) of the Indigenous People of Biafra (IPOB}, a proscribed organisation in Nigeria, to look for security personnel, their family members through a Radio Biafra on 102.1FM monitored through the IPOB Community Radio and you thereby committed an offence contrary to and punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act.

Count Six:
That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia Stale on the 16thh of May, 2021, in London, United Kingdom within the jurisdiction of this Honourable Court did commit an act in furtherance of an act of terrorism by making a broadcast that “In 2 weeks’ time, what will happen will shake the world, people will die, the whole world will stand still, mark my word” and you thereby committed an offence contrary to and punishable under Section 1 (2) (b) of the Terrorism Prevention Amendment Act, 2013.

Count Seven:
That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on the 31st of May, 2021, in London, United Kingdom within the jurisdiction of this Honourable Court did an act in furtherance of an act of terrorism by issuing a deadly threat that anyone who flouted your sit-at-home order should “write his/her will,” as a result banks, schools, markets, shopping malls, fuel stations were not opened for businesses and vehicular movements grounded and you thereby committed an offence contrary to and punishable under Section 1 (2) (b) of the Terrorism Prevention Amendment Act, 2013.

The accused pleaded not guilty on the seven count charges and the matter was adjourned till 10th November, 2021.