Shehu Sani Slams House Of Reps Over Bill To Jail ‘Unlawful Protesters’

The former Senator representing Kaduna Central, Shehu Sani, has slammed the House of Representatives over a bill proposed by one of its members seeking up to 5-year jail term for unauthorised protesters in the country.

The bill sponsored by the member representing Ahiazu/Ezinihitte Mbaise federal constituency of Imo State, Emeka Chinedu Martins, was presented for consideration at the house last Thursday.

The bill passed first reading at the House of Representatives on Wednesday. It seeks to amend the Criminal Code ACT, CAP 38, Laws of The Federation of Nigeria, 2004 to preserve the sanctity of human life and property and propose punishment for violators.

But Senator Sani said the proposed bill shows “how a democratic institution can be used to strangulate democracy”.

In a Facebook post, the politician added that, “The House of Representatives is not making laws, it is crafting tyranny.”

The bill titled ‘AN ACT TO AMEND THE CRIMINAL CODE ACT, CAP 38, LAWS OF THE FEDERATION OF NIGERIA, 2004 TO FURTHER PRESERVE THE SANCTITY OF HUMAN LIFE AND PROPERTY, AND TO PROVIDE SPECIFICALLY FOR MOB ACTION, PRESCRIBE PUNISHMENT AND OTHER MATTERS’, has the following provisions amongst others:

“(1) The provisions of the Criminal Code Act, (in this Bill referred to as the “Principal Act”) is amended as set out in this Bill (2) Substitute for section 69 of the Principal Act, a new section 69.

“Definitions: Unlawful assembly, Riot, Mob action (a) When three or more persons, with intent to carry out some common purpose, assemble in such a manner or, being assembled, conduct themselves in such a manner as to cause persons in the neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly. It is immaterial that the original assembling was lawful if, being assembled; they conduct themselves with a common purpose in such a manner as aforesaid.”

“(c) When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled,”

“(d) When an unlawful assembly becomes violent as to commit unlawful acts against any person or property, the assembly is called a mob and their violent act is referred to as mob action.”

It proposes three years imprisonment for any person who takes part in a riot.

“(b) Any person who takes part in a mob action is guilty of a felony and is liable to imprisonment for five years.

(4) Substitute for Section 76 of the Principal Act, a new section 76:
(a) Section 76. Mob action against any person or property,” the bill read.

“Any persons who assembled together as a mob to commit violent act against any person or property are guilty of a felony and each of them is liable to imprisonment for life”.