The Nigerian government arraigned on Monday 10 protesters arrested in connection with last month’s #EndBadGovernance demonstrations on charges of war plotting and an attempt to topple President Bola Tinubu.
The police arraigned them at the Federal High Court in Abuja, where they pleaded not guilty to all six charges.
The Nigerian police filed the charges on Friday as the government cranked up its clampdown on protesters and the organisers of the #EndBadGovernance protests held in major cities around the country from 1 to 10 August.
According to the charges, the 10 protesters, allegedly acting in concert with Andrew Martin Wynee (aka Andrew Povish), a 70-year-old British citizen, incited mutiny by calling on the military “to take over the government from President Bola Ahmed Tinubu”.
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The prosecution also accused the defendants of inciting citizens to destabilise Nigeria through the protest.
The defendants also face another count of conspiring with their alleged conspirators to commit treason, an offence of taking up arms against the state.
In another grievous allegation, the government accused the protesters of acting in concert with Mr Wynee and others to wage a “war against the state”.
According to the charges, the protesters did this by attacking and injuring police officers and torching police stations, the High Court Complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and Promotions Agency Office, NURTW Office and “several other building”.
This offence is said to be contrary to section 410 of the Penal Code (Northern States) Federal Provisions Act.
The 10 defendants, who were brought to court amid heavy security on Monday, pleaded not guilty to all the counts.
They include Michael Tobiloba Adaramoye (aka Lenin), 28 years; Adeyemi Abiodun Abayomi (aka Yomi), 34 years; Suleiman Yakubu, 28 years; Opaluwa Eleojo Simeon, 50 years; Angel Love Innocent, (the only female among them), 51 years.
At the proceedings, after the defendants pleaded not guilty to the charges, the defence lawyers applied to the court to grant them bail.
The lawyers urged the court to grant the defendants bail on liberal terms.
The lead prosecutor, Simon Lough, a Senior Advocate of Nigeria, opposed the bail applications, urging the court to deny them bail and remand them to the correction centre.
After listening to the lawyers’ arguments, the presiding judge, Emeka Nwite, ordered the defendants’ remand in prison and adjourned the case until 11 September for ruling.
Before their arraignment on Monday, the defendants had spent more than three weeks in police custody following their arrests in Abuja, Kano, and Kaduna between 1 and 10 August.
Already, the trial judge, Mr Nwite, had ordered the remand of 75 protesters, including at least 28 minors, in jail for two months.
The judge issued the order in an earlier case on 22 August based on an ex-parte application by the police.
One of the defendants brought to court on Monday, Ms Innocent, was among the 75 persons ordered by the judge to be remanded for two months.
The detainees have filed an application asking the court to reverse the remand order or grant them bail on liberal terms.
The case recalls the arrest in October 2019 of Sahara Reporters publisher Omoyele Sowore on charges of treasonable felony over his planned #RevolutionNow protest.
Mr Sowore, who faced stringent bail conditions, was feebly prosecuted for more than four years by the then-President Muhammadu Buhari administration.
The case made no tangible progress until President Bola Tinubu’s government withdrew the charges in February.
Sham Trial – Amnesty International
Amnesty International condemned Nigeria’s clampdown on protesters who trooped out in August to demonstrate against the economic hardship in the country.
In a statement on Sunday, the organisation accused the Nigerian government of subjecting the protesters to sham trials.
It urged the government to release the defendants detained from 1 to 10 August, adding, “We urge the Nigerian authorities to end this mockery of the rule of law,”
“Amnesty International is deeply concerned that the #EndBadGovernaceInNigeria protesters to be arraigned nationwide tomorrow are only going to be subjected to another round of government’s unrelenting intent to punish protesters and demonise protests.”
“We condemn the sham trials even before they began 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.
“The Nigerian authorities must immediately and unconditionally release all those arrested from 1-10 August for exercising their right to peaceful assembly instead of resorting to putting them through trumped-up charges just to justify unlawfully detaining them.
“The Nigerian government has been wrongfully placing priority on punishing protesters without saying even a word on the urgent need to investigate the killing of dozens of protesters across Kano, Katsina, Suleja/Tafa, Jigawa and Maiduguri. Many protesters were subjected to horrific violations by security personnel, including excessive use of force and misuse of tear gas.
“Since the arrests of the protesters Amnesty International has been receiving disturbing reports of violation of the rights of those detained through denial of access to family, legal assistance and medical care where needed. That dozens of minors are among those detained and possibly to face trial tomorrow (Monday) is a travesty of justice.
“We urge the Nigerian authorities to end this mockery of the rule of law. The authorities have an obligation to uphold and protect fundamental human rights. Instead of investing in desperate attempts to rush dissent, the government should listen to critics, address rampant insecurity, corruption and mismanagement. Giving more attention to rescuing millions of Nigerians from the brink of starvation should be the top priority of government, not punishing protesters.”
Read a breakdown of the charges against the 10 defendants below:
COUNT ONE
In Count 1, the prosecution alleged that the 10 defendants acting in concert with 70-year-old Briton, Andrew Martin Wynee, Lucky Obiyan, Musa Abdullahi and others at large to destabilise Nigeria “conspired to commit felony to wit: Treason.”
The prosecution said the defendants, by this act, committed an offence contrary to section 96 and punishable under section 97 of the Penal Code.
COUNT TWO
In Count 2, the prosecution alleged that between 1 July and 4 August 2024 at Karshi Abuja FCT, the defendants and others at large acted in concert to destabilise Nigeria and “conspired together to commit Felony to wit: Inciting to mutiny”.
The prosecution said the offence is contrary to section 96 and punishable under section 97 of the Penal Code.
COUNT THREE
In Count 3, the prosecution alleged that the defendants and their prosecutor levied “war against the state in order to intimidate or overawe the president by attacking and injuring police officers and burning police stations, High Court Complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and promotions Agency office, NURTW office and several other buildings”.
This alleged act is said to be an offence contrary to section 410 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 204.
COUNT FOUR
In Count 4, the prosecution accused the defendants and their alleged collaborators of inciting mutiny ‘by calling on the military to take over government from President Bola Ahmed Tinubu by chanting ‘Tinubu must go’ “Soja muskeso,’ meaning Tinubu must go, it is military we want,’ while rioting and disturbing public peace”.
By this, the prosecution alleged that the defendants committed an offence contrary to section 413 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 204
COUNT FIVE
In Count 5, the prosecution alleged that between 1 July and 10 August 2024 in Abuja FCT, Jos, Kano, Kaduna, Gombe, Katsina and many other states “incited disaffection to the Government by inciting public disturbance while carrying placards with the inscription ‘end bad government’ and several other inscriptions to incite disaffection to the government.”
The alleged office is said to be contrary to section 416 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 204.
READ ALSO: In Nigeria, at least 56 journalists attacked, harassed during #EndBadGovernance protests
COUNT SIX
In Count 6, the prosecution said the defendants and their conspirators, said to be on the run, with intent to destabilise Nigeria and to remove Nigeria’s president through unconstitutional means, mobilised their members “to force their way into Abacha Army Barrack, Government House Kano, destroyed High Court, Printing Press and NCC Complexes Kano, and attacked and injured police officers in Nyanya and burnt down police stations”.
This act is said to be an offence under section 412 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 204.
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