Renowned human rights activist and Senior Advocate of Nigeria (SAN), Femi Falana, has issued a stern ultimatum to the Nigeria Police Force, demanding that the detained protesters, currently remanded in prison custody, be formally charged in court by August 25 or face imminent legal action.
Falana’s warning comes in response to what he describes as a blatant violation of the fundamental rights of the protesters, who have been denied access to legal representation, leading to their continued detention.
In a strongly worded statement titled “Halt the Clampdown on Protesters,” Falana expressed grave concern over the treatment of the protesters, highlighting the alarming number of individuals arrested and remanded without due process.
According to Falana, out of the 2,111 suspects apprehended during recent protests, 1,403 have already been arraigned in various courts across the country.
However, the circumstances surrounding their detention and arraignment raise significant legal and ethical questions.
Falana noted that many of the suspects were remanded in prison custody primarily because they lacked legal representation at the time of their court appearances.
He accused the authorities of deliberately obstructing access to legal counsel, thereby violating the protesters’ constitutional right to a fair hearing.
“It is particularly painful,” Falana stated, “that the suspects were denied legal representation, even though the Nigerian Bar Association (NBA) had publicly declared its readiness to provide lawyers to defend them.”
He further alleged that individual lawyers who had sought to secure bail for the detained protesters were not informed about the arraignment dates, effectively preventing them from offering any meaningful legal assistance.
This deliberate exclusion of legal representation, according to Falana, constitutes a serious breach of the protesters’ rights under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
Falana’s statement also drew attention to what he termed the “highly discriminatory and illegal” nature of the authorities’ actions.
He pointed out the stark contrast between the treatment of the detained protesters and that of politically exposed individuals accused of looting public funds.
According to Falana, these high-profile suspects are often granted the privilege of being informed in advance about their court arraignments and are typically released on bail under lenient conditions.
In many cases, such individuals are even permitted to travel abroad for medical treatment while facing trial.
“This double standard,” Falana argued, “is an affront to the principles of justice and equality before the law.”
He called on the authorities to rectify the situation immediately by ensuring that the detained protesters are granted their full legal rights, including access to legal representation and a fair hearing in court.
The legal luminary also emphasised the importance of safeguarding the rights of citizens to engage in peaceful protests, a fundamental aspect of democratic governance.
He warned that any further attempts to suppress dissent through unlawful detentions and denial of legal representation would be met with robust legal challenges.
Falana’s ultimatum has placed the Nigeria Police Force and other relevant authorities under intense pressure to act swiftly and ensure that justice is served.
The deadline of August 25 now looms large, with the possibility of significant legal repercussions if the protesters are not charged in court as demanded.
In the broader context, Falana’s intervention highlights the ongoing struggle for human rights and the rule of law in Nigeria.
The case of the detained protesters serves as a stark reminder of the challenges faced by citizens in exercising their rights to free expression and assembly, particularly in an environment where state authorities are perceived to act with impunity.
As the deadline approaches, all eyes will be on the response of the Nigeria Police Force and the judiciary.
Will the authorities heed Falana’s call for justice, or will the legal battle intensify in the pursuit of accountability and the protection of fundamental human rights? The outcome of this standoff could have far-reaching implications for the future of civil liberties in Nigeria.
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