Ten members of the #EndBadGovernance protest movement were arraigned on Monday before a Federal High Court in Abuja, facing serious charges of attempting to overthrow the government of President Bola Ahmed Tinubu.
The alleged offences were committed during nationwide protests held between 1st July and 4th August 2024, and have been classified as treason under sections 96, 410, and 413 of the Penal Code.
According to the charges brought by the Inspector General of Police (IGP), the accused are said to have incited violence against the Nigerian state, allegedly waging a war against the country during the protests.
The IGP claims that the protesters broke into the Abacha Army Barracks, where they allegedly called on the military to take over the government of President Tinubu.
The protesters are also accused of attempting to storm the seat of power, during which they purportedly set fire to a police station and injured several officers.
The charges further allege that the protesters incited the Nigerian public against the government and caused significant destruction to public property, including a police station, a High Court complex, and facilities belonging to the National Communications Commission (NCC).
The offences are alleged to have taken place across multiple locations, including Abuja, Kano, Kaduna, and Gombe.
Adding an international dimension to the case, police also accused a 70-year-old British citizen, Andrew Martin Wynne, now at large, of being a key instigator of the alleged mutiny against the Nigerian government.
However, all ten accused persons — Michael Tobiloba Adaramoye, Adeyemi Abiodun Abayomi, Suleiman Yakubu, Comrade Opaluwa Eleojo Simon, Angel Love Innocent, Buhari Lawal, Mosiu Sadiq, Bashir Bello, Nurudeen Khamis, and Abduldalam Zubair — pleaded not guilty when the charges were read to them.
Following their plea, the IGP’s counsel, Simon Lough, a Senior Advocate of Nigeria (SAN), requested that the accused be remanded in custody pending their trial.
However, defence counsel made oral applications for their bail.
Marshall Abubakar, representing four of the defendants, cited legal precedents, including the bail granted in a similar treason case involving late politician MKO Abiola, to support his request for bail.
Abubakar emphasised that the defendants are presumed innocent until proven guilty and argued that bail is a constitutional right.
Abubakar also highlighted that the defendants had been held in police custody for nearly a month while investigations were completed before the charges were filed.
He assured the court that his clients would comply with bail conditions, attend all court sessions, and would not interfere with witnesses in the case.
Deji Adeyanju, representing three other defendants, strongly contested the treason charges, arguing that the accused were merely participating in lawful protests against the hardships they faced.
Adeyanju criticised the police for targeting peaceful protesters instead of focusing on arresting bandits, kidnappers, and terrorists who pose a real threat to national security.
He argued that the evidence provided by the police did not support the serious allegations of treason, mutiny, or incitement.
Adeyanju further urged the court to use its discretion to grant bail, asserting that the evidence did not justify the gravity of the charges against the defendants.
He argued that bail should be granted on liberal terms, in recognition of the accused persons’ rights and the lack of substantive evidence against them.
However, the police counsel, Simon Lough SAN, vehemently opposed the bail applications, stressing the severity of the charges.
He argued that the alleged offences, including mutiny aimed at overthrowing a democratic government through incitement and the involvement of a foreign national, warranted strict legal measures.
Lough urged the court to deny bail, citing the potential threat posed by the accused individuals.
In his ruling, Justice Emeka Nwite ordered the remand of the defendants at Kuje Prison in Abuja and Suleja Prison in Niger State, pending a decision on their bail applications scheduled for 11th September.
He directed that the nine male defendants be held at Kuje Prison, while the only female defendant, Angel Love Innocent, who is reportedly pregnant, be detained at Suleja Prison.
Justice Nwite explained that he needed time to review the legal authorities cited by both parties in relation to the bail applications.
The judge also rejected the defence’s request for the defendants to remain in police custody, opting instead for their transfer to prison facilities.
As the legal battle unfolds, the case has attracted significant public attention, raising questions about the limits of protest and the government’s response to dissent in Nigeria.
The upcoming ruling on bail will be a critical moment in the proceedings, potentially setting the tone for how similar cases are handled in the future.
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