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 Daily Independent Online.
* Friday,July 16, 2004.
Remembering Awolowo’s treasonable felony trial
By Enoghase Sylvester
Research & Data Desk
Dateline July16,1962: Though the
controversy surrounding the alleged plot against the state by Chief
Obafemi Awolowo in 1962, which led to his imprisonment together with 17
of his allies in the Action Group in 1963 still persists, the plot may as
well be real. Britons dominated the top hierarchy of the special branch
of the Police Force at that time.
Mr. John Lyn and Ceulman led the investigation into the plot. This
was later confirmed by the arrest of the late Chief Awolowo and his
allied forces.
The
radical leader of the Dynamic Party who held five seats from Ahoada-Etche
in Rivers State in the then Eastern House of Assembly -Dr. Chike Obi was
also arrested but was later freed. Political activists like Chief Anthony
Enahoro and Alhaji Lateef Jakande, who were deported from London to face
trial, were not so lucky as they were sentenced to various terms of
imprisonment.
Bisi Onabanjo, editorial director of the Daily
Express, one of the 21 men accused in the treasonable felony trial,
walked out of the court a free man after he had been found not
guilty. The judge observed
that only two allegations were made against him throughout the trial. One
was that he gave 2,300 pounds to Dr. Oladipo Maja to hand over to the
Action Group Secretary, Mr. Sam. G. Ikoku, in Ghana. The judge said there
was no proof that Bisi knew the purpose of the money when he handed it
over to Dr. Maja. The alleged letter sent by Onabanjo to Chief Awolowo
when his movement had been restricted, referring to a “master plan” was
the second case against him. The judge said the letter was not enough
proof to associate Onabanjo with the charge of conspiracy.
The Chief Judge of Lagos then was Justice Conrad Idowu
Taylor who chose the trial judge, Justice George Sodeinde Sowemimo.
Before going to the prison on charges of treasonable
felony, Chief Obafemi Awolowo was accused of ominous signs that led to
the aborted coup d’etat.
Mr. Justice George Sowemimo said that the Tactical
Committee set up by the Action Group was given so much power that its
decisions were not subjected to the party’s Federal Executive Committee,
which was the governing body.
The speech reported by Dr. S.D Onabamiro to have been
made to the Tactical Committee by Chief Obafemi Awolowo was used as
evidence by the state during the trial. In it, Chief Awolowo was reported
to have cautioned its members to “work hard to take practical steps to
keep our power reserve”. These, said the judge, were “ominous and
pregnant signs.” The judge pointed out that Ladoke Samuel Akintola could
not have been a member of the Tactical Committee because from the
evidence before him, Chief Awolowo did not trust him.
Mr. Justice Sodeinde Sowemimo confirmed that as far
back as July 16, 1959, Chief Obafemi Awolowo had made known his
bitterness against Akintola when he reported that Chief Akintola was
canvassing to be a premier.
However, when the defence sought to hit below the belt
by attacking the integrity of the judge, Justice Sowemimo assured: “No
judge would want to sit on a case if he had any prejudice about it.” Nevertheless, Justice Sowemimo
said he had overlooked all the allegations and had thoroughly examined
the issues before him impartially.
Dealing with the case itself, the judge found that
Chief Awolowo became frustrated when he failed in his bid to become Prime
Minister of Nigeria during the 1959 federal elections.
Justice Sowemimo, however, said it was clear that the
purpose of the Tactical Committee was to seize power violently. On this,
the judge said, he believed the evidence of Dr. S.D Onabamiro that the
four members of the Tactical Committee were Chief Obafemi Awolowo
(Chairman), Dr. Onabamiro himself, Chief Anthony Enahoro and Mr. Samuel
Ikoku.
Mr. Justice Sowemimo pointed out that at the meeting
of the Federal Executive Council of the party, a decision was taken to
form an Ideological and a Tactical Committee, but it was pertinent that
neither the deputy leader, Chief Samuel Akintola nor the Federal
Secretary, Chief Ayo Rosiji were members of the committee. This was
significant because the Ideological Committee was very important to the
future and general policy of the party. He said the sharp cleavage
between Chief Awolowo and Chief Samuel Akintola was never settled
amicably.
Before this time, Chief Awolowo had tried to give
Action Group a cross-cultural and cross-ideological relevance, but it was
bogged down in its own internal contradictions.
Samuel Gomsu Ikoku who was then Secretary of the
Action Group and one of the coupists wrote: “In an attempt to erect a
platform that cut across the country, the Action Group got bogged down in
its own contradictions. Two groups, the federalist and the regionalists
quickly emerged. Chief Obafemi Awolowo led the former and Chief Ladoke
Akintola led the latter. Chief Akintola was quick to secure a working
understanding with the Northern People’s Congress. Chief Awolowo who
could not get the NCNC to support him because they were in alliance with
Northern People’s Congress fell back on external support of Kwameh
Nkrumah for external aid, and the British public opinion for pressure on
the British Government.
The political battlefield started with the exit of
Chief Obafemi Awolowo in 1959 for the Federal Legislature. As the events
unfolded, he found himself not too usefully busy, as he was not used to idleness.
He found it necessary to ensure that the good image already created for
the Western Region was maintained. This led to his desire to a
supervisory or advisory role in the administration of his successor,
Chief Ladoke Samuel Akintola. But Samuel Akintola did not take kindly to
that which he labeled meddlesome and a strategy of “serving in Lagos and
ruling in the Western Region” and therefore resisted it.
Invoking the rules of party supremacy and party
discipline, Chief Akintola was expelled from the Action Group but at that
time he had enough supporters to continue in office despite his expulsion
from his party. His expulsion led to the forming of Nigerian National
Democratic Party, which went into full alliance with the Northern
People’s Congress.
Mr. Justice George S. Sowemimo before passing judgment
on the 18 men convicted on September 11, 1963 in the felony trial, said
that the Action Group leader, Chief Obafemi Awolowo, intended to use
violence to overthrow the Federal Government. He said that after
carefully going through all the evidence, he was satisfied that the
Action Group leader had lost confidence in the ballot box. He said that
the Tactical Committee of the Action Group was specially formed to take
over government by violence.
Mr. Justice Sowemimo confirmed that the night of
September 22, 1962 was specially chosen to stage the coup d’etat. He
pointed out that in the context of judicial practice in Nigeria, there
were no judges’ clerks as was the case in Britain. He said that according
to the rule of court and the Evidence Act, the prosecution was in order
in preferring charges upon the information filed with the consent of the
judge. The judge should establish the defence submissions that Mr.
Justice Sowemimo rejected proof of the judge’s consent clerk.
The 18 men found guilty on Wednesday, September 11,
1963 in the marathon treasonable trial shared a total of 138 years
imprisonment, some of them with hard labour.
Chief Obafemi Awolowo who got the highest term, was
sentenced to ten years’ imprisonment with hard labour on the first count
of treasonable felony; five years on the second count of conspiracy and
two years on the third count of contravening the Fire-arms Act. All
sentences, according to the judgment, were to run concurrently.
The Action Group leader, Chief Awolowo, following the
judgment of Mr. Justice G.S Sowemimo in the celebrated treasonable felony
trial which ended at about 6.15 pm, said: “May it please your lordship, I have two remarks to
make. I must say with respect-and that is a matter to be taken up in the
higher tribunal-that I do not agree with the verdict. For upwards of 30
years, I have been in Nigerian politics. I have, with others, fought
important theatres of the public life of this great Federation; I have
with others, fought valiantly against British imperialism with all my
might. We succeeded in dethroning British imperialism and in enthroning
Africans in places where, in 20 years ago, they would never dream of
occupying; I have advocated true Federalism”.
“ Since 1957, I fought against the feudal system of
the North and its spread to other parts of Nigeria; I advocated and
fought regardless of consequence to my own personal safety breaking up of
the Northern Nigeria in order to end the subservience of the rest of Nigeria
to the Northern aristocratic rule; In the process of my political career,
I have rendered services which historians will regard as imperishable; I
have known both triumphs and setbacks”.
He added: “Blessed be your verdict. And I say in
advance, blessed be your sentence”.
Although he said he did not accept the decision and
was going to appeal, Chief Awolowo paid glowing tribute to the
inexhaustible patience of the judge throughout the trial and, “in particular, the special
consideration which you have always accorded me. I am prepared to abide
by your decision.”
The trial judge, Mr. Justice Sodeinde Sowemimo, after
listening to Chief Obafemi Awolowo, replied that he had given his case
reasonable thought. He went on: “If you were the only one on trial, I
would have said that your arrest and trial are enough and it is possible
I would have inflicted no sentence.
I would have thought that as a senior member of the Bar, as first
Premier of Western Nigeria, as opposition Leader in the Federal
Parliament, the shame of allowing yourself to be arrested and put on
trial at all, would have been enough experience for you; the fact which
have been brought to light at this trial, and which I have found to be
true would have caused a lot of injury if they had materialized-injury
which would have taken a very long time to rectify.” But with the
abundant evidence of the plot, it became difficult as Justice Sowemimo
complained that his hands were tied and Chief Obafemi Awolowo must be
imprisoned.
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