The Federal High Court in Abuja, on Monday, ordered the prison remand of 10 activists arrested in connection with the recent hunger protest in the country.
But the civil rights group, Amnesty International, condemned the trial of the prosecution by the Federal Government, describing the charges as trumped-up and sham.
Justice Emeka Nwite ordered that the defendants, including a pregnant woman, Angel Innocent, be remanded in Kuje and Suleja correctional centres till September 11 for the hearing of their bail applications.
Apart from Innocent, who claimed to be pregnant, the other defendants are Michael Adaramoye, alias Lenin; Adeyemi Abayomi, Suleiman Yakubu, Opaluwa Simon, Buhari Lawal, Mosiu Sadiq, Bashir Bello, Nuradeen Khakis and Abdusalam Zubairu.
The judge gave the order shortly after the police arraigned the defendants on six counts, bordering on treason and conspiracy to incite mutiny with the intent to destabilise Nigeria.
In the charge, marked FHC/ABJ/CR/454/2024, the defendants were equally accused of levying war against the state to intimidate President Bola Tinubu by attacking and injuring police officers and burning police stations, a high court complex, the Nigerian Communications Commission complex, Kano printing press, Kano State Government House, and several other buildings.
The police told the court that the defendants acted contrary to and were liable to punishment under Section 97 of the Penal Code.
But when the charges were read to them, all the 10 defendants pleaded not guilty.
Their lawyers, took turns, to urge the court to admit them to bail.
Counsel for the 1st and 3rd defendants, Marshall Abubakar, argued that there was no provision in the Administration of Criminal Justice Act that warrants a written application for bail.
Insisting that his clients were mere protesters, Abubakar described the treason charges against them as bizarre.
“The protesters were merely exercising their rights. My Lord will also recall that the defendants have been in custody long before the said (remand) order was granted. In fact, some for 30 days and some for 28 days.
“We are applying under the fundamental legal footing, both judicial and statutory from the authorities, that this honourable court admits the 1st and 3rd defendants to bail. We urge Your Lordship to admit the defendants to bail in the most liberal terms.”
Counsel for the 9th defendant, Hamza Dantani, told the court that his client was seriously sick and suffering from asthma.
He said, “On behalf of the 9th defendant, we equally align ourselves with the submission of the defendants.
“The 9th defendant is seriously battling with ill health. He was granted administrative bail before he was rearrested. He is an asthmatic patient, and in the interest of justice, we pray Your Lordship to admit him to bail as he has never had any criminal record in the past; he will not jump bail if granted,” Dantani said.
Similarly, counsel for the 6th, 7th and 8th defendants, Deji Adeyanju, appealed to Justice Nwite to use the discretion of the court to grant his clients bail as they were only protesting.
“The case of the prosecution is specifically weak against my clients, My Lord. They said in their witness statements that they just participated in a protest, not treason. The proof of evidence before the court is issues of primary school and secondary school; how does that amount to treason? My Lord, we are asking the court to grant them bail in liberal terms. They are law-abiding citizens; none of the defendants is a criminal, none of them will jump bail,” he said.
The prosecution counsel, Simon Lough (SAN), however, opposed the oral bail submissions, while also insisting on the treason charges against the defendants.
“Bail can only be granted in exceptional circumstances; those exceptional circumstances as listed in the ACJA,” the SAN said.
After listening to the parties, Justice Nwite adjourned till September 11 for ruling, while ordering that the defendants be remanded in custody till then.
But civil rights group, Amnesty International Nigeria, condemned the trial of the protesters, describing their trial as a sham.
In a statement on Monday, the Country Director of Amnesty International, Isa Sanusi, said the charges against the protesters showed how far the authorities would go to manipulate the justice system to silence critical voices.
“Some of the charges filed against the protesters, ranging from treason, which carries the death penalty, to allegations of a ‘plan to destabilise Nigeria,’ show how far Nigerian authorities can go in manipulating the criminal justice system to silence critical voices. These are blatantly trumped-up charges that must be immediately withdrawn.
“We condemn these sham trials even before they begin and call for an end to these endless, bizarre attempts to deprive people of the right to peaceful protest. What is going to happen to these protesters — who took to the streets last month seeking good governance — is a disguised exercise solely aimed at punishing dissenters.
“These attempts by President Bola Tinubu’s government to charge those who protested against widespread poverty and rampant corruption with treason is beyond absurd and baseless. The Nigerian authorities must immediately and unconditionally release all those arrested from 1-10 August for exercising their right to peaceful assembly, instead of subjecting them to an unfair trial just to justify detaining them unlawfully,” the organisation said.
Kano orders probe
Kano State Governor, Abba Yusuf, on Monday inaugurated a 14-member judicial commission of inquiry to investigate the recent #EndBadGovernance protests, which degenerated into violence in the state.
“The commission was constituted in fulfillment of my promise to the protesters, who assembled at the Government House to express their grievances,” a statement on Monday quoted the governor as saying.
While acknowledging their right to peaceful protest Yusuf invited them to present their demands for onward submission to the President.
“Unfortunately, the protest was hijacked by hoodlums, who ransacked and destroyed properties, worth billions of naira, including the NCC digital building, courts, and files.
“In my capacity as the Executive Governor of Kano State, I’m assuring the commission of a free hand, as well as maximum support to carry out their duties diligently, just as I’ve advised them to seek guidance from relevant stakeholders, including Ulamas and prison authorities, to ensure a comprehensive investigation,” the governor said.
The governor said the commission’s findings would help the state government to take appropriate actions and prevent future occurrences of such violence.
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