I must say, and this may have to be taken up
with a higher tribunal,
that I do not
agree with your Lordship's verdict, and the premises on
which it is
based.
For upwards
of 30 years, I have been in politics in
Nigeria; during
this period I
have operated in various important theatres in the life
of this great
Federation. I have, with others, fought against
British
imperialism with all my might, and with all the talents that
it pleased God to give me.
Together with other nationalists, some of whom are
with me and many
of whom are not with me here, we have successfully
thrown out British
imperialism and enthroned Africans in positions
which, 20 or more
years ago, they never dreamt of occupying.
I have been an unyielding advocate of a Federal
Constitution for
Nigeria. I have all along, with other leaders
of this country, been
a very active
and constructive participant in all the constitutional
conferences
which have taken place since 1953, and which have
culminated
not only in the attainment of independence but in the
production of a Constitution of which Nigerians are
very proud.
This Constitution is now being gradually violated.
I have also fought against anything which savours of
injustice. It
is thus an irony of history that, as one of the
architects of
Nigeria's independence, I have spent almost
half of Nigeria's three
years of
independence under one form of confinement or another.
Since 1957 I
have fought, as your Lordship remarked, with vigour
against the
feudal system in the Northern Region and for its
eradication. I have also fought to prevent the spread
of this evil
political system to other parts of
Nigeria.
During the
same period I have strongly advocated the breaking up of
Northern
Region into more states in order to have true federation in
Nigeria, to preclude the permanent
subservience of the people of
Nigeria to the autocratic ruling caste in the
North, and to preserve
peace and
unity in the country.
In short, I
have always fought for what I believe, without relenting
and
regardless of consequences to myself. I have no doubt, and I say
this without any spirit of immodesty, that in the
course of my
political career, I have rendered services to this
country which
historians and the coming generations will certainly
regard as
imperishable.
Naturally, Sir, in the course of my long, turbulent
and active
political life, I have attracted to myself a sizeable
crop of
detractors and political adversaries. Similarly, I
have in the
course of this long career seen both triumphs and
set-backs; and I
have met them with equal mind.
Peter, not Peter the Apostle, but Peter the hero of
Hugh Walpole's
novel entitled "Fortitude" said: "It isn't life that
matters but the
courage you bring to it."
After life had done terrible things to Peter he heard
a voice that
said to him, among other things, "Blessed be all
sorrow, hardships
and endurance that demand courage. Blessed be these
things: for of
these things cometh the making of a man."
In the words of Peter, therefore, my Lord, I declare
(not that I have
heard a voice): Blessed be your verdict; and I say in
advance,
blessed be the sentence which your Lordship may pass
on me.
I personally welcome any sentence you may impose upon
me. At this
moment my only concern is not for myself, but that my
imprisonment
might do harm to
Nigeria for three reasons.
First, the
invaluable services which I have hitherto rendered and
which I can
still render will be lost to the country – at least for a
season.
Second, there might be a heightening of the present
tension which has
lasted 15 months, and has done incalculable injuries
to the economy
of the country.
Thirdly, for some time to come, the present twilight
of democracy,
individual freedom and the rule of law, will change
or might change
into utter darkness. But after darkness – and this is
a commonplace –
comes a glorious dawn.
It is, therefore, with a brave heart, with confident
hope, and with
faith in my unalterable destiny, that I go from this
twilight into
the darkness, unshaken in my trust in the Providence
of God that a
glorious dawn will come on the morrow.
My adversaries might say who am I to think that if I
am imprisoned
the country might suffer? What if I died?
The point, of course, is that I am still alive and
will not die in
prison. Furthermore, the spirit of man knows no
barrier, never dies,
and can be projected to any part of the world.
This being so I am confident that the ideals of
social justice and
individual liberty which I hold dear will continue to
be projected
beyond the prison walls and bars until they are
realized in our
lifetime.
In this connection, I must stress that in this very
court room,
indeed in this dock and in the entire Federation of
Nigeria, the
spirit of an new Nigeria is already active and at
work. This spirit,
working through constitutional means which I have
spent the whole of
my lifetime to advocate, is sure to prevail, before
very long, to the
delight, freedom and prosperity of all and sundry.
Before I close, I must say that in spite of the delay
of the past few
weeks on the part of your Lordship in giving
judgement in this case,
and in spite of my disagreement with your verdict
which I have just
given expression to, I must acknowledge your
Lordship's patience
throughout the trial of this case.
Particularly, I want to thank your Lordship for the
due and especial
consideration which you have always accorded me and
the other accused
persons.
I thank your Lordship; and I am prepared to abide by
your sentence.
________________________________________________________________
THE SENTENCE
The Trial Judge Mr. Sowemimo speaks:
"….Whatever others may say, this is my personal view.
I am not
speaking as a judge but as a Nigerian. Here we have
one of the first
Premiers of the autonomous region standing trial. If
you were the
only one before me, I would have felt that it was
enough for you to
have undergone the strain of the trial. I would have
asked you to
go. But I am sorry, I cannot do so now because my
hands are tied.
Having sentenced those young chaps whatever happens I
have to pass
some sort of sentence. If I made up my mind to
sentence the other
accused persons who I find were tools in the hands of
others, and if
my conclusion is right, it is for me to see that a
punishment by me
in my court is such that others would see that there
is no
preferential treatment.
I do not see what useful purpose a sentence of
imprisonment will do
to you, but I have come to the conclusion that these
things emanate
from you. To get yourself involved in this thing is
enough shame.
But this is a political crime. There are things which
one may never
know. All I know is what is before me and I am bound
by the
evidence. You mentioned about the delay in giving
judgement, but I
wish you were in my position and had to read some of
these things –
the evidence which was about 800 pages and the notes
of submissions
also about 600 pages. I was never hoping or thinking
that I would be
called upon to try a former Head of Government and
Leader of
Opposition. I am only happy that this is a court of
first instance. "
At the
conclusion of the speech by Justice Sowemimo, Chief Awolowo
was sentenced as follows:
1st Count – 10 years I.H.L (Imprisonment with Hard
Labour)
Treasonable felony, contrary to Section 41(b) of the
Criminal Code
2nd Count – 5 years I.H.L.
Conspiracy to commit a felony, contrary to Section
516 of the
Criminal Code
3rd Count – 2 years I.H.L.
Conspiracy to effect an unlawful purpose, contrary to
Section 518 (6)
of the Criminal Code
Sentences to be concurrent