Mike Ozekhome, Lagos lawyer, SAN, has faulted the federal government’s position on whether Isa Ali Pantami, the Minister of Communications and Digital Economy, can be prosecuted for terrorist.
In a statement he issued Friday night, copy which was send to BusinessDay, Ozekhome argued that even though Pantami committed the alleged terrorist acts before the enactment of the terrorism (Prevention Amendment) Act 2013, he could be prosecuted under Section 46 of the Economic and Financial Crimes Commission Act, 2004 (EFCC Act).
Pantami has come under fire from Nigerians in the last few days who have urged President Muhammadu Buhari to relieve him of his appointment as a Minister after he admitted making inflammatory religious statements sometime between 2000 and 2006, as an Islamic scholar.
In the highly inflammatory speeches, he had expressed allegiance to and support for (including sympathy with) the Taliban, Al-Qaeda and Boko Haram terrorist groups.
However, the minister said he had since changed his views, urging Nigerians to forgive him.
“Some of the comments I made some years ago that are generating controversies now were based on my understanding of religious issues at the time, and I have changed several positions taken in the past based on new evidence and maturity,” the Minister has said.
The Presidency has also issued statements backing the Minister.
But the fierce lawyer disagreed saying that the Presidency missed the point when it rose in defence of Pantami.
The lawyer said, although Pantami cannot be prosecuted under the Terrorism Act, because his alleged terrorism act occurred some years before the enactment of the Terrorism Act in 2011.
He, however, stressed that the minister can be prosecuted under the Economic and Financial Crimes Commission Act.
According to him, “The combustible and inflammable comments of Pantami no doubt were intended to cause fear or make any government or bodies abandon a standpoint, induce fear in the public or government, etc. He can be charged under the EFCC Act.
“Under section 5(2) of the Terrorism Prevention (Amendment) Act, Pantami can be charged for terrorist activities, because terrorism includes “support” for; and “support” includes (in the words of the Act) “incitement to commit a terrorist act through the internet or any electronic means or through the use of printed materials or through the dissemination of terrorist information.
“My humble call on Pantami is to resign his ministerial appointment and save this clueless government of further infamy, calumny, obloquy and odium.
“Where he fails or refuses to do so (as I know he would), then President (Muhammadu) Buhari should sack him. Where Buhari refuses (as I know he would), then, any and every Nigerian or NGO that feels sufficiently concerned and aggrieved can approach the courts and ask for an Order of Mandamus, to compel the Attorney-General of the Federation, Abubakar Malami, to prosecute Pantami, by virtue of section 174 of the 1999 Constitution. Every Nigerian has the right (locus standi) to do this.”
