Following the arraignment of 10 #EndBadGovernance protesters in Abuja on Monday, Justice Emeka Nwite of the Federal High Court ordered their remand in prison, including a pregnant woman.
While the nine men were remanded in Kuje Correctional Centre, the only female defendant, Angel Love Innocent, who is reportedly pregnant, was sent to Suleja Prison.
They are to remain in custody until September 11, 2024, pending the hearing and determination of their bail applications.
The judge said he required more time “to thoroughly review and consider the numerous legal authorities and precedents cited by counsel in support of the bail applications.”
The accused defendants allegedly engaged in treasonous behaviour during a nationwide protest spanning one week, wherein they supposedly declared war on Nigeria, contravening sections 96, 410, and 413 of the Penal Code.
The Inspector General of Police (IGP), Kayode Egbetokun, who filed the charges, alleged that the accused individuals forcibly entered the Abacha Army Barracks and publicly urged the military to overthrow the democratically elected government of President Tinubu.
He also alleged that they attempted to force their way into the seat of power, during which they allegedly burnt down a police station and injured police officers.
They allegedly incited the Nigerian public against the government and destroyed several public properties, including a police station, a high court complex, and National Communication Commission (NCC) facilities.
According to police, Mr. Andrew Martin Wynne, a 70-year-old British citizen who is currently on the run, played a key role in inciting mutiny against the Nigerian government, with the alleged offences occurring in various cities such as Abuja, Kano, Kaduna, and Gombe.
However, all of the accused entered not guilty pleas after hearing the charges.
The accused persons 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.
Counsel for the IGP, Mr. Simon Lough (SAN), asked Justice Emeka Nwite to remand the accused persons in prison pending their trial after they denied the allegations.
The defence counsel subsequently presented oral motions requesting bail for the accused individuals.
Mr. Marshall Abubakar, who represents four of the defendants, cited relevant legal precedents to support his oral bail application, pointing out that in a similar treason case involving politician MKO Abiola, the Federal High Court accepted an oral application and granted him bail.
Abubakar argued before Nwite that his clients have a legal presumption of innocence until proven guilty and that bail is a constitutional right of the defendants.
Additionally, Abubakar contended that the police had already completed their investigation and gathered all necessary evidence during his clients’ nearly month-long detention, negating the need for further detention.
He assured the judge that if bail were granted, his clients would not flee or attempt to evade trial and would also refrain from interfering with witnesses or compromising the case in any way.
Mr. Deji Adeyanju, counsel for three of the defendants, challenged the treason charges, arguing that his clients had merely exercised their right to peaceful protest against the economic hardships they were facing, and therefore, their actions were lawful and legitimate.
Adeyanju contended that the police should have targeted actual criminals, such as bandits, kidnappers, and terrorists, for treason charges rather than innocent protesters exercising their rights.
He further pointed out to the court that a review of the attached proof of evidence revealed no indication of treason, mutiny, or incitement, contradicting the police’s allegations.
Insisting that bail is discretionary, Adeyanju pleaded with the judge to exercise his discretion in favour of the defendants by admitting them to bail in liberal terms.
Counsel for the Police, Lough, vigorously contested the bail requests, emphasizing the gravity of the offences, including mutiny, which sought to forcibly topple the democratic government, and highlighting the alleged role of a British citizen in inciting and conspiring against Nigeria.
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