Emeritus Catholic Archbishop of Abuja, Cardinal John Onaiyekan, civil society organisations, CSOs, and Arewa youths, yesterday called for the immediate release of protesters during the nationwide #EndBadGovernance protest held between August 1 and 10, 2024.
This came on a day rights lawyer and chairman of Alliance on Surviving Covid-19 and Beyond, ASCAB, Femi Falana, SAN, said his group will not hesitate to sue the Federal Government should it fail to either arraign those arrested before August 25 or release them.
He also disclosed that of the 2,111 suspects arrested during the protests, 1,403 had been remanded in prisons across the country.
27 of the protesters, according to one of their lawyers, Deji Adeyanju, are to be arraigned at the Federal High Court in Abuja today, after two failed attempts to arraign them by the police.
Speaking on the issue in Abuja yesterday, Cardinal Onaiyekan, while making a case for the immediate release of the suspects, said the unarmed protesters are not the cause of Nigeria’s problems.
He said: “It is not unarmed protesters who are the cause of our problems. Our president told us he is ready to dialogue with all those who are unhappy, but he needs to take the initiative now.
“Is this how to ask for dialogue? There is need to completely change our attitude. The people (protesters) were just ordinary young people who are hungry.
‘’The only way to show that you feel our pain is to do things that will relieve the suffering and pain of the people. That is what the government is there for.
“When we talk about youth nowadays, we are not talking about small boys or girls, we are talking about people who are 35 and below. Most of them have graduated, and most of them have skills.”
On his part, Mr Falana in a statement, titled ‘’Halt The Clampdown On Protesters,’’ said: “Instead of subjecting the #EndBadGovernance protesters to unwarranted clampdown, the Federal Government should either release or arraign the scores of detained suspects before appropriate courts without any further delay.
‘’Whenever the suspects are going to be arraigned, they must be given adequate notice to be able to contact the Nigerian Bar Association, NBA, and their family members to make arrangements for their defence.
‘’However, if all the suspects are not charged before August 25, 2024, the Alliance on Surviving Covid-19 and Beyond, ASCAB, will approach the Federal High Court to demand their immediate release.
‘’ASCAB has also resolved to defend the cases filed against the protests by two state governments (Lagos and Ogun) and the Federal Capital Territory, FCT
‘’More fundamentally, it’s important to remind the Nigerian state again that beyond legalism, the solution to the political problem of which protests are mere symptoms lie in the honest application of socio-economic justice.
“Elements of this socio-economic justice include policy instruments fashioned to fight hunger, ignorance, disease and the scandalous inequality which define the Nigerian society today.’’
The statement read further: ‘’Out of the 2,111 arrested suspects, 1,403 have been arraigned in various courts. Painfully, the suspects were ordered to be reminded in prison custody due to lack of legal representation.
‘’The suspects were denied legal representation, even though the Nigerian Bar Association had publicly announced its intention to provide lawyers to defend them.
‘’We have also confirmed that individual lawyers who had applied for bail of the detained suspects in police stations were not informed that they were going to be arraigned in the courts.
‘’We submit that the decision of the authorities to deny the suspects legal representation constitutes a violent breach of their fundamental right to fair hearing, guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“This is highly discriminatory and illegal on the ground that politically exposed persons who are arrested for looting the treasury to the tune of several billions of naira are usually informed in advance of the dates and of their arraignment in courts.
“Such highly-placed suspected looters are always granted bail in liberal terms and even authorised by trial judges to travel abroad for medical treatment.
“It does appear that the security forces have decided to take advantage of the anti- government protests to clamp down on radical citizens and thereby expose the country to unprecedented ridicule.
“For instance, Comrade Michael Adaramoye (a.k.a. Lenin) has been detained for over three weeks in the anti-robbery department of the Nigeria Police Force in Abuja because he answers the sobriquet, “Lenin”.
‘’Messrs Elejo Opaluwa and Mosiu Abolaji are also detained in the same police station for belonging to a socialist organisation which supported the protest.
‘’Seven Polish students who were taking part in an exchange programme in Bayero University, Kano, were arrested for taking photographs during the protest. They may be charged with espionage to give the impression that the protests were instigated by foreign interest groups.
“The offence allegedly committed by the 783 suspects arrested in Kano is that they displayed the Russian flag during the protest. A tailor who was sewing the flag was also arrested by the police.
‘’It may be difficult to press charges against the suspects in a country where the flags of the United States, United Kingdom, France, Germany and other European countries are hoisted by majority of hotels in Nigeria, while churches hoist the flag of Israel based on the erroneous belief that it is a Christian country.
‘’During the recent invasion of the national secretariat of the Nigeria Labour Congress, NLC, in Abuja, some Marxist books and other radical works were carted away because they were allegedly used to incite and organise the #EndBadGovernance protests in the country.
‘’As if that was not enough, the President of Nigeria Labour Congress, Mr Joe Ajaero, has been summoned by the Nigeria Police Force for ‘interview’ on criminal charges relating to ‘criminal conspiracy, terrorism financing, treasonable felony, subversion and cybercrime’.
‘’Yesterday (Wednesday), a team of the Nigeria police force invaded the house of the Principal of Stars of Nations Schools in Nasarawa State, Mrs Helen Batubo, in connection with the protests.
“Mrs Batubo is the stepdaughter of Mr. Drew who owns the school and runs the bookshop on 2nd floor of Nigeria Labour Congress, NLC‘s Labour House in Abuja.
‘’Since there is no scintilla of evidence to justify the allegations of criminal conspiracy, terrorism financing, treasonable felony, subversion and cybercrime, the police should cancel the planned interrogation of the President of the NLC and return the books seized from the bookshops as they have not been banned in the country.
‘’We are compelled to call on the National Human Rights Commission, NHRC, to cause an investigation into the circumstances surrounding the killing of 22 citizens that occurred during the protest.
“At the end of the investigation, the culprits should be charged with murder in the state high courts where the heinous offences were committed.
“Finally, it is pertinent to remind the Federal Government that some of the leaders of the 2020 #EndSARS protests were charged with frivolous offences, while others had their passports seized and accounts frozen.
“Over 160 people were killed in Lagos and other cities, yet the massive clampdown on #EndSARS leaders has not stopped aggrieved youths from protesting against official policies that are considered inimical to the interests of the Nigerian people.’’
Listing the 2,111 arrested suspects with their states of arrest, the statement read: ‘’Kano—873; Jigawa –403; Katsina—120; Gombe—111; Sokoto—110; Borno—99; Yobe—90; Bauchi-60; Plateau—51; Kaduna—50; FCT—50; Nasarawa –40; Niger—25; Zamfara –19; and Cross Rivers State—10.’’
CSOs react
Reacting yesterday, Auwal Musa Rafsanjani, Head of Transparency International (Nigeria), expressed concern over government’s continuous detention of the protesters without arraignment, noting that some people not involved in the protests were arrested as patients in hospitals were also targeted.
Rafsanjani called on government to either prosecute or release the detained protesters wihout further delay.
While emphasizing that detaining them could be a means of siphoning public funds, he said further: “It is very sad that the government, which makes laws for citizens to comply with, is the one breaking the law. The government has not complied with Section 36 of the 1999 Constitution as amended.
“Additionally, we have noted that some people who were not even part of the #EndBadGovernance protests were arrested.
“To worsen matters, some people who were in the hospital were arrested in the name of pursuing protesters. In Katsina, security agencies allegedly went to the hospital, threw tear-gas canisters and killed some patients.
“We don’t know what the government aims to achieve by dehumanizing and incriminating its citizens at all costs. Meanwhile, the military and police are being terrorized by terrorists.
“Instead of harnessing their efforts and resources to tackle insecurity in the country, they are busy chasing people who are complaining of suffering in the hands of wicked public officials and non-state actors.
“The government should either prosecute or release the detained protesters. Detaining them could even be another way of siphoning public funds in the name of feeding the detainees.”
You can’t silence everybody, undermine the rights of Nigerians – CISLAC
Also reacting yesterday, the Civil Society Legislative Advocacy Centre, CISLAC, said: “We appeal to the government and security agencies to de-escalate the tension that is growing as result of continued detention of protesters.
“This action is sending a very bad signal and it is capable of mobilizing tension in the country because there were so many people who were not involved in destructive protests who are now in custody.
“So government should do everything possible to take them to court if they must take them to court, otherwise they must release those who were not involved in violent protest, and this is the only way Nigerians can see that the government is just and fair.
“You cannot silence everybody and undermine the rights of Nigerians, and those security people who are doing this are actually helping to destroy Tinubu and his legacy, and not promoting him.
“Therefore, we are calling on the President to see those who are perpetrating this brutality and attacks on Nigerians, especially those who were not involved in any violence. The protesters are not his enemies but those destroying his reputation.’’
FG’s commitment to human rights questionable –Yiaga Africa
In his reaction, the Executive Director, Yiaga Africa, Samson Itodo, said: “I think it raises questions on the commitment of government to upholding human rights and the tenets of democracy.
“This unlawful detention of protesters whose crime is just coming out to protest against policies of the government that are anti-people is really unfortunate and unacceptable.
“The President needs to make good his promise and his commitment to respect human rights and the rights of protesters, and calling security agencies, especially the police that have held this people in detention to release them forthwith.
“This is because the continuous detention of these people is not only hurting their rights but also actually putting to question the commitment of the government to democracy.
“To prevent detainees from accessing legal counsel or representation is the most unfortunate, draconian, unacceptable thing to do within our constitutional democracy.”
JAF reacts
Similarly, the Joint Action Front, JAF, also yesterday demanded the immediate and unconditional release of the protesters, including Micheal Lenin, Mosiu Adigun, Eleojo Opaluwa, Kunle Wizeman, among others.
Dr. Oladipo Fashina, Chairperson of JAF, described police justification for the attack as a ‘smokescreen’ and called for the resignation of the Inspector-General of Police and prosecution of police officers involved in the killing of protesters.
Fashina stated: “We demand the immediate and unconditional release of Micheal Lenin, Mosiu Adigun, Eleojo Opaluwa, Kunle Wizeman, and hundreds of others who have been unjustly arrested across the country over the nationwide protests.
“Sadly, according to media reports, at least 40 protesters have been murdered by security agencies across the country. While we hold the Tinubu regime responsible for the killings, we demand the resignation of the Inspector General of Police and prosecution of police officers involved.”
Release suspects to avert further protests
The Arewa Youth Assembly also yesterday called for the release of the protesters, saying the fact that government had not been able to arraign them was an indication it had no charges against the protesters.
Coordinator of the group, Mohammed Salihu Danlami, noted that indefinite detention of the protesters is brewing a bigger protest.
He said: “We are advocating release of all the protesters languishing in various prisons. They were simply disenchanted with government policies and took to the streets to protest peacefully, as enshrined in the 1999 Constitution (as amended).
“Even if they became culpable in unlawful acts, it should not take more than 48 hours before they are arraigned in court. Doing otherwise is a gross violation of their fundamental human rights and is in itself an unlawful act by the government.
“Two perceived wrongs can’t make a right. The government is totally wrong on this. It should know that indefinite detention of these protesters is already brewing a bigger protest.
“What government should do to avert a looming protest is to assuage anger by releasing these youths. The Federal Government has said it has programmes for the youth. Which programmes? For which youths?
“Is it the more than 1,000 young Nigerians languishing in detention? Or is it the ones who were extra-judicially murdered by security agents? The problem we have in Northern Nigeria is that most of our elites are sycophants.
“They are afraid to speak truth to power because they feel if they do, President Ahmed Tinubu will be angry and they will not have money, or perhaps they won’t get that contract or appointment they are expecting from his administration.”
Detention unconstitutional – Rights lawyer
Reacting, rights lawyer, Temi Salami, said continued the detention of the protesters is a violation of Section 36 of the Constitution, which requires suspects to be taken to court within 24 or 48 hours if the court is not within jurisdiction.
Salami described the detention as a clear violation of the protesters’ rights, likening it to the Abacha era and a sign of Nigeria becoming a police state under President Bola Ahmed Tinubu.
He stated: “It is against our laws to detain any suspect beyond 48 hours without an arraignment. Section 36 of the 1999 Constitution (as amended) specifically states that anyone arrested must be taken to court within 24 or 48 hours at the maximum, if the court is not within jurisdiction.
“Detaining the #EndBadGovernance protesters for nearly three weeks is a gross violation of their fundamental rights, and it seems the Tinubu administration is taking us back to the Abacha era. Nigeria is gradually becoming a police state under President Bola Tinubu.”
Over 30 lawyers to storm court over arraignment of protesters - Adeyanju
Meanwhile, ahead of the much anticipated arraignment of the protesters by the Nigerian Police Force, NPF, today, one of their lawyers, Mr Deji Adeyanju, yesterday, disclosed that over 30 lawyers would be at the Federal High Court sitting in Abuja.
Adeyanju told Vanguard in an interview yesterday that they were preparing for the arraignment that had been delayed since last Thursday.
He said: “We are looking forward to the arraignment and and we are hoping that they will arraign the protesters tomorrow (today). We are also preparing in anticipation of their arraignment.
“We are expecting over 30 lawyers at the Federal High Court in Abuja in defence of the protesters.
27 protesters to be arraigned
“We are looking at 27 #EndBadGovernance protesters from the numbers we have to be arraigned in court.
“The police have also arrested some other people we are not aware of that we have now been made aware of today (yesterday). They were arrested two weeks ago in Abuja.”
Police remand warrant of 14 days long expired
“The remand warrant the police obtained for 14 days has long expired, we are optimistic that they will be charged.
“We went to the police station to see the protesters but we were still not allowed to see them but we can confirm that one of them was seen by her family two days ago.
Protesters badly treated
“They are being made to sleep on the bare floor in an extremely difficult situation, and they are largely very unkempt.”
We’ll soon file suit against FG
“We are in the process of filing a suit against the Federal Government on the unconstitutional act on the fundamental rights of the protesters by the President.
“The act of government is unconstitutional and unlawful, protesters cannot be kept for over two weeks for mere allegation of protesting, while bandits have abducted and killed an emir in the north and nothing is being done.
“The energy being used to attack and silence protesters should be used to solve the insecurity problem in the country.”
UNESCO calls for protection of journalists covering protests worldwide
In a related development, the United Nations Educational, Scientific and Cultural Organisation, UNESCO, has raised the alarm that in recent months, multiple journalists covering protests in different parts of the world have been subjected to various forms of attacks, including killings, injuries, arbitrary detentions, and confiscation of their equipment, while exercising their rightful duties as journalists.
UNESCO noted that all authorities concerned have the duty and responsibility to ensure the safety of journalists covering protests around the world, in accordance with international norms and human rights obligations.
It said: “In times of crisis, as in times of peace, journalists are crucial lifelines to verified information for citizens. They facilitate public debate and dialogue that are pathways to democratic solutions. Authorities must guarantee the safety of journalists covering protests, in line with international freedom of expression standards.
“Within the UNESCO Series World Trends in Freedom of Expression and Media Development, UNESCO has previously highlighted the growing risks to the safety of journalists covering protests.
“A UNESCO report on the safety of journalists covering environmental issues, published for World Press Freedom Day in May 2024, revealed that 194 journalists, groups of journalists and media houses have been attacked in the context of environmental protests in the past 15 years.
“UNESCO is monitoring attacks and threats against journalists that undermine their legitimate role of informing populations with accurate and verified information. “
[Vanguard]