Jibrin Samuel Okutepa, a Senior Advocate of Nigeria (SAN), has said that disrespect or failure to perform civic duties is not inherently illegal unless specified by written law.
He further questioned whether there is any law mandating standing during the National Anthem.
Jibrin’s remark came because of a recent social media uproar where opinions clashed over Aisha Yesufu’s decision not to stand during the rendition of Nigeria’s reintroduced old National Anthem at a public event.
Parallel Facts reported that Nigerian activist and businesswoman Aisha Yesufu refused to stand in honour of the new anthem introduced by Bola Ahmed Tinubu at a public event.
In a viral video, she was seen deliberately ignoring the new national anthem. She remained seated, flipping through a book and adjusting her glasses, while others stood in respect.
However, Jibrin, in his X Handle, critiqued arguments labeling Yesufu’s action as disrespectful, stressing that protesting perceived unjust laws is a civic right.
He also condemned the reintroduction of the old anthem as retrogressive and criticized lawmakers for neglecting pressing national issues.
He said, “There have been arguments and counters arguments on social media for and against the decision of Aisha Yesufu, not to stand up when the now reintroduced old National Anthem was being rendered at an occasion she attended.
“Some of my enlightened, educated, and learned friends have argued that Aisha was under constitutional obligations as her civic duty to stand up when this old reintroduced national anthem was being recited or played.
“But I have asked those who are crucifying Aisha and others who did not stand up when the Old New National Anthem was being sang or played to show me the offence or offences that these Nigerians have committed when they did not stand up or refusing to even sing it.
“Is there any provision in any written law in Nigeria that prohibits or makes it an offence for failure to stand up if Nigerian National Anthem is being recited or played?. Please, if there is any such law, I plead that I be obliged with the copy or shown the provisions.
“I have not seen such a law. Some of my colleagues said in answer to my question whether there was any law Aisha violated by her decision not to stand up said that her conduct was disrespectful and violated her civic duty under section 24 of the 1999 constitution.
“Disrespectful and violation of her civic duties and obligations? These answers with profound respect did not appeal to me in the least, as it has not answered my question except to justify their self opinionated partisan interests, which in my view did not answer my question. What makes Aisha conduct disrespectful. Disrespectful to who and whom. Failure to perform Civic duties and obligations are not in themselves an offence. While it is necessary to perform civic duty for order and just society, it is not an offence to protest against unjust law that seems retrogressive, such as the reintroduction of the old National Anthem. The law is repulsive to common sense and good logic.
“The question I asked and i am still asking is, is it an offence not to stand up or sing the National Anthem when it is sang or played. The constitution of Nigeria said nothing is an offence unless the penalty for doing so is prescribed in a written law. Which law prescribed that it is an offence if one fails to stand up or sing the National Anthem when the National Anthem is being rendered?
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“I see none, and I think none exists. The desire of many of us holding private citizens to some standards of conduct not being exhibited by those in authority and power is clearly not in tune with law. Every one of us is entilted to show resentiment and protest against law and governmental acts and policies that we find clearly not well thought out.”
He added, “The reintroduction of the old National Anthem is, in my view, one of such ill-informed and ill concieved pieces of legislation. The National Assembly in making that law failed to give Nigerians opportunities to make input, and they did not give convincing reasons for the reintroduction of that old National Anthem.
“There are many areas of our national life that require good laws from the National Assembly. Those who claimed that Aisha violated her civic duties and obligations have not been able to hold the Nigerian government accountable for total failure to respect chapter 3 of the Nigerian constitution.
“Has the Nigerian government improved the economic well-being of Nigerians. Instead of improving the well-being and welfare of Nigerians, we are being treated to absurdity of reintroduction of National Anthem at one year anniversary of this government to divert attention from realities of poverty ravageing the land. All these meaningless debates on civic duties and obligations of Aisha are unnecessary and uncalled for. Let us hold our government accountable for failure to guarantee the greatest happiness of the greatest good of all Nigerians,” he concluded.
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