Lawyers and civil society organisations, CSOs, yesterday, decried the continued detention and incarceration of #EndBadGovernance protesters two months after the August 1-10 protests across the country.
As of last night, most of the detained protesters are yet to be prosecuted, with minors among those held in captivity in Police, Department of State Service, DSS, facilities or prisons.
Although some minors, who were arrested during the protest, have been released on bail, others are in the process of being granted bail, Vanguard’s checks showed.
40 charged to court in Nasarawa
In Nasarawa State for instance, of the 50 protesters arrested, 10 minors have been freed, while 40 adults have been charged to court, according to Police PRO, DSP Ranhan Nansel.
109 arrested in Sokoto
In Sokoto where 109 protesters were arrested, Attorney-General of the state, Nasiru Binji, said a significant number had been released on bail, while the rest were in prison custody.
6 freed in Kaduna
Similarly, in Kaduna State, six of those arrested have been freed on the order of the Director-General of the DSS, Adeola Ajayi, while three others have been charged to court.
Details on 600 in Kano uncertain
The situation in Kano State is alarming, as no fewer than 600 protesters (including 76, who displayed Russian flags) were arrested and later transferred to Police Force headquarters in Abuja. While it was gathered that many of them have been charged to court and bailed, the number of those still in detention could not be ascertained at press time.
The Director of Public Prosecution, DPP in Kano State Ministry of Justice, Salisu Tahir, said they were still compiling the details.
390 await freedom in Jigawa
However, in Jigawa State, of the 419 protesters arrested, 390 have been arraigned in court, as 29 have been released, according to Police PRO DSP, Lawan Adam.
Unclear situation over 9 in Zamfara, 97 in Borno
In Zamfara, the Police PRO, Yazid Abubakar, said nine protesters had been charged to court, but said he does not know if they were detained or granted bail by the court.
In Borno, 97 protesters were arrested during the protest but their condition remains unclear at the time of this report.
In Yobe, of the 51 arrests made during the protest, 35 have been sent to Potiskum Prison, while the rest are being detained by the police. The minors among them, are to be freed on bail.
No freedom for 23 detainees in Niger
In Niger State, 23 persons were arrested, out of which six have been arraigned and sentenced to jail terms, while 17 are in police custody.
1,090 yet to be prosecuted in Abuja
In the Federal capital territory, FCT, Abuja, no fewer than 1,100 were arrested, but only 10 have been arraigned.
Additionally, the hundreds of Northern youths who brandished Russian flags during the protests have not been arraigned, neither has the tailor who mass-produced and distributed the flags.
Those on trial for participating in the protest are 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.
Trial Justice Emeka Nwite remanded the defendants in prison custody, pending the perfection of their bail conditions.
51 freed in Plateau
The 51 protesters who were arrested in Plateau State for breaching the law on curfew but not on hunger strike, have all been freed.
There were, however, no arrests in Benue, Taraba, Kebbi, Adamawa, Kwara and Kogi states, as many of the states adopted some strategies to prevent their citizens from joining the protests.
State detainees
Sokoto — 109
Jigawa — 390
Niger — 23
Nasarawa — 40
Yobe — 51
FCT, Abuja — 1,090
Borno — 97
Kaduna — 3
Zamfara — 9
Kano — 600
Total 2,412
Withdraw charges against protesters, SAN urges FG
Worried by the incarceration of the protesters, a senior lawyer, Mr. Dayo Akinlaja, SAN, urged the Federal Government to withdraw charges preferred against the detained protesters as part of measures to celebrate Nigeria’s 64th independence anniversary.
“The government will score a huge political milestone by discontinuing the prosecution, especially in deference to the independence anniversary celebrations,” he said.
Noting that though the Federal Government had the power to prosecute anyone suspected to have committed a crime, he said considering that the arrest and prosecution of the defendants were borne out of an agitation for a better society, “the ongoing trial is in a way blighted in the social milieu.”
Speaking with Vanguard on what the arrest and prosecution of the protesters portends for democracy in the country, Akinlaja said: “I think the matter is better viewed from the perspective of its social implications for government.
“This is simply because it is open to government to arraign persons suspected to have committed one offence or the other in court. It is in the place of the court to decide whether or not such persons are guilty of the offences alleged. Here is a situation where the government has arraigned the persons on alleged criminal charges.
“Viewed from the narrow prism of law and legality, there is nothing wrong with that. What the persons need do is to defend themselves and if at the end of the day they are discharged and acquitted, they may institute civil suits to claim damages for malicious prosecution and so on against the government.
“However, the prosecution of these persons has a lot of social implications. There is no doubt that dissent and protests are critical components of a democratic and constitutional system.
“Considering the fact that the arrests and prosecution of these persons are upshots of civil protests for a better society, the ongoing trial is in a way blighted in the social milieu.
“This is what the government may want to bear in mind, going forward. It is my honest conviction that the government will score a huge political milestone by discontinuing the prosecution, especially in deference to the independence anniversary celebrations on hand.”
Detaining them without prosecution unnecessary – Ojo
Another lawyer, Mr. Gbenga Ojo, said: “It’s absolutely unnecessary to continue to keep them in detention without prosecution, which is against the provisions of the constitution that prescribes 24 hours and a maximum 48 hours to prosecute any person arrested over an offence.
‘’This is abuse of power by the Police. What is strange is that this is happening under the government of President Bola Tinubu, who is an activist of some sort. He had previously led protesters to protest bad government policies.
‘’Senator Adams Oshiomhole also led many protests. The #EndSARS protests yielded positive results. SARS were sent packing, though rebranded as SWAT.
“I am sure President Tinubu is not aware of this long detention of the protesters. Attorney-General of the Federation, Mr Lateef Fagbemi SAN, is an apostle of rule of law and constitutionalism.
‘’The Civil liberties group should take this up with the government. I am sure government will order their release. The press is also crucial in this call for the release of those detained. We should keep appealing to government to release them unconditionally.
Critical signpost of democracy under siege – Ugwummadu
To Alternate Chairman of the Nigerian Bar Association, NBA, Citizens’ Liberties Committee, Malachy Ugwummadu, ‘’there is no gainsaying the fact that one of the critical signposts of democracy is under siege in this country.
“Liberty, as conceived around the principles of freedom of movement, protest, expression, and so on, marks a remarkable milestone in any democratization effort. So, it is clear that demonstrations, expressions, through protest, have been weaponized.
“In 2007, the Court of Appeal in the case of IGP and ANPP settled the matter about protest in this country by stating that such demonstrations are within the bounds of law. Section 83 of the Police Act 2020 mandated the Nigerian Police Force to provide adequate security to demonstrating citizens.
“In the same way, the Administration of Criminal Justice Act of 2015, mandated the Police to also provide such adequate protection to protesting citizens of this country. So, from where does the police and law enforcement agencies derive their power to clamp down on protesting citizens of this country?”
CSOs decry harsh bail conditions
Some civil society organisations, CSOs, also yesterday, decried the harsh bail conditions given to #EndBadGovernance protesters, which they described as unacceptable, and should be dropped.
In separate chats with Vanguard, the CSOs demanded unconditional release of the protesters.
Continued detention of protesters threat to democracy – Yiaga Africa
Director of Programmes, Yiaga Africa, Cynthia Mbamalu, said: “According to the Constitution, Nigeria shall be a state based on the principles of democracy and social justice. Being a democracy, the Constitution further guarantees the right to peaceful assembly, right to protest, as a fundamental human right.
“It is worrying to observe the arrest and continued detention of some of the #EndBadGovernance protesters. More saddening are the charges against them and the bail conditions. Nigeria is a constitutional democracy with laid-down processes to ensure the rule of law and protection of rights and freedoms.
“The principle on restriction of rights requires that any action that seeks to restrict certain rights must be ‘reasonably justifiable in a democratic society. The government must recognise that dissent is democratic and that the beauty of democracy is the ability to have different opinions, voices and agitations heard.’
“The continued detention of protesters and tough bail conditions are not just threats to democratic freedom but also raise major questions on the government’s commitment to a democratic, just and free society as envisioned in Nigeria’s constitution.
“Commitment to democracy should go beyond words from the President and government to actions that truly showcase the commitment to build our democracy.
“Nigeria’s 64 years of independence is a journey that has benefited from the results of several protests, led by the people in the interest of Nigerian people.”
Protesters unlawfully detained – CAC
Echoing similar views, the Executive Director, Cadrell Advocacy Centre, CAC, Mr. Evans Ufeli said: “The federal government’s action in detaining protesters across the country is unlawful. Protest is a right guaranteed under the constitution and not a crime. A government that criminalises a right has either failed or on the verge of failure.
‘’Chapter 4 of the 1999 constitution, under fundamental rights, makes protest a veritable tool for democracy engagement.
“This government, therefore, must release all detained protesters forthwith as it is unlawful to detain them without a just course. The government should focus on the immediate and remote causes of protest, and that is to address bad governance in Nigeria.
“The government has failed ostensibly in addressing the problem of poverty and bad governance, fueling the temptation to protest. Detention cannot solve the hunger problems in the country. Good and purposeful governance can, so the government should focus its attention thereto.”
Judiciary now enabler of human right abuses – Global Rights
Also speaking, the Executive Director, Global Rights Nigeria, Abiodun Baiyewu, said: “It is a well-established legal principle that bail conditions should not be punitive. By placing extreme conditions on these applicants, the Judiciary is proving itself an enabler in the abuse of the human rights of Nigerian people.
“We demand their immediate and unconditional release without further encumbrance. Nothing short of that. Let us not forget the 22 children languishing behind bars as well.”
Bail conditions unacceptable, send wrong signal to int’l community – ANEEJ
On its part, the Africa Network for Environment and Economic Justice, ANEEJ, said: “This is unacceptable and it sends a very wrong signal to investors and the international community. The bail conditions are not acceptable and the government should take steps to end this situation immediately.
“Currently, Nigeria is not doing well in most human rights assessments which undermines the country’s credibility among sovereign nations.
“All those arrested should be released immediately, and the judges should review the conditions for bail as quickly as possible.
“The international human rights community should, as a matter of urgency, put pressure on Nigeria’s government to release those detained.”
(Vanguard)
