OFFENCES AGAINST THE STATE AND PUBLIC ORDER: SEDITION

TOPIC OF THE DAY

- SEDITION

- SEDITIOUS INTENTION

- ELEMENTS OF SEDITIOUS INTENTION

- PROOF OF SEDITIOUS INTENTION

- DEFENCES TO CHARGE OF SEDITION

- REQUIREMENTS FOR PRESECUTION

Sedition

Sedition refers to conduct or speech inciting people to rebel against the authority of a state or sovereign. In Nigeria, sedition is a criminal offense under the Criminal Code Act and the Penal Code Act. It involves acts, words, or publications aimed at inciting hatred, contempt, or disaffection against the government or its institutions. See sections 50-52 of the Criminal Code Act which provides for sedition and seditious publications and sections 416-422 of the Penal Code Act. See the cases of State v. Dokubo-Asari where the court examined the context and content of the statements of Asari Dokubo to determine the presence of seditious intention and also the case of DPP v. Chike Obi where Dr. Chike Obi was charged with sedition for publishing a pamphlet. The court analyzed whether the pamphlet's content constituted a seditious publication intended to incite public disaffection against the government.

Seditious Intention

Seditious Intention involves the intention to bring into hatred or contempt or to excite disaffection against the person of the President or the Governor, the administration of justice, or the constitution of the country. The law views any attempt to incite public disorder, rebellion, or resistance against established authority as seditious.

Elements of Seditious Intention

1. Hatred or Contempt: The intention to cause hatred or contempt against the government or its officials.

2. Disaffection: The intention to cause disaffection against the government, which includes disloyalty and feelings of enmity.

3. Public Order: Incitement to violence or public disorder.

4. Government and Constitution: Attacks on the legitimacy of the government or the constitution.

Proof of Seditious Intention

To prove seditious intention, the prosecution must establish that the accused had the specific intent to incite disaffection against the government or its officials. The proof often relies on the content and context of the speech, publication, or action.

1. Content of Speech or Publication: The words used must clearly show an intention to incite hatred, contempt, or disaffection.

2. Context and Circumstances: The situation in which the speech or publication was made can influence its interpretation.

3. Audience Reaction: The reaction of the audience can help determine the intention behind the speech or publication.

4. Previous Conduct: The past behavior and statements of the accused can also be relevant.

Defenses to a Charge of Sedition

There are several defenses available to a person charged with sedition. These include:

1. Truth: In some cases, if the statements made are true and published for the public good, they may not be considered seditious.

2. Fair Comment: Honest and fair criticism of government policies or actions, without intent to incite hatred or disaffection, can be a defense.

3. Good Faith: The accused must show that the publication or speech was made in good faith and with no seditious intent.

Requirements for Prosecution

For a successful prosecution of sedition, the following requirements must be met:

1. Specific Intent: The prosecution must prove that the accused had a specific intent to incite disaffection against the government.

2. Seditious Acts or Publications: The acts or publications must clearly fall within the legal definition of sedition.

3. Evidence: Adequate evidence must be presented to demonstrate the seditious nature of the acts or publications.

4. Context and Circumstances: The context in which the acts or publications were made must support the charge of sedition.