Justice Nwite of Federal High Court Ignores Motion Challenging 60-Day Detention Order Against #EndBadGovernance Protesters, Including Minors

Justice Emeka Nwite of the Federal High Court in Abuja has ignored a motion challenging the 60-day detention order he granted against 124 alleged #EndBadGovernance protesters.

The protesters, including minors, were arrested in connection with the #EndBadGovernance demonstrations that took place across Nigeria in August.

On August 25, SaharaReporters disclosed that Justice Emeka Nwite had approved applications filed by the Nigerian police to detain the 124 individuals arrested during the #EndBadGovernance protests for 60 days.

Justice Nwite’s ruling covered all of the arrested individuals, including minors. He specified that the minor suspects were to be held in the borstal home at Kuje Correctional Centre during the investigation period.

The interim order was issued based on applications filed by the Nigerian police, who sought permission to detain the protesters

In the first motion ex-parte marked: FHC/ABJ/CS/1154/2024, moved by Mohammed on August 14, the judge directed that the suspects be remanded for 60 days pending the conclusion of investigation and legal advice from the Attorney-General of the Federation (AGF).

The I-G, in the motion dated August 8 but filed August 9, sued 75 protesters with ages ranging between 14 and 34 years.

They were alleged to have committed acts of terrorism, treason, and treasonable felonies, including arson and terrorism.

The police said the offence was contrary to Sections 2(1) and (3), 24 and 26 of the Terrorism (Prevention and Prohibition) Act 2022; Sections 41 and 42 of the Criminal Code Act; Sections 410, 411, and 412 of the Penal Code Act; and Section 4 of the Miscellaneous Offences Act CAP M17 Laws of the Federation of Nigeria 2004 and other enabling statutes.

Miss Elizabeth Ogochukwu, a Litigation Secretary of the Legal and Prosecution Section, Intelligence Response Team (IRT), Police Force Headquarters, Abuja, deposed to the affidavit in support of the motion.

She said the IG’s office, through the office of the National Security Adviser (NSA), received a credible intelligence report of a planned violent uprising against the government of the states and the Federal Republic of Nigeria.

Ogochukwu averred that “the planned violent insurrection was believed to have been orchestrated by terrorist groups both within and outside Nigeria to unleash terror against the sovereign states of Nigeria, scheduled to start from the 1st day of August 2024.”

She said, “Despite serious security measures intensified by the various law enforcement agencies, the planned protest took place as scheduled and seriously intimidated the populace and seriously destabilised or destroyed the fundamental, political, constitutional, economic, or social structures of some parts of Nigeria.”

Ogochukwu said the suspects were arrested in Abuja and various states in possession of many Russian flags and other incriminating exhibits, while others are still at large.

Also, in the second ex-parte motion marked: FHC/ABJ/CS/1223/2024, moved by Mohammed, Justice Nwite ordered another set of 49 defendants to be remanded for 60 days pending the conclusion of the investigation.

The judge, who directed that the underage defendants be remanded in the borstal home of the correctional centre, adjourned the case until October 23 for mention.

The motion, dated August 20, was filed on August 21.

Giving four grounds why the application should be granted, Mohammed said the defendants engaged in the offence of terrorism financing to overthrow a democratically elected government.

Some of the defendants include Comrade Opaluwa Eleojo, Michael Adaramuye, Musiu Sadiq, Buhari Lawal, Love Angel Innocent, Suleiman Yakubu, Yunusa Aliyu, Ahmad Nasir, Muhammed Sani, Iliyasu Anas, Abdullahi Sani, and Gaddafi Muhammed.

They also include Jibrin Abdulhakim, Mahmud Umar, Kabiru Rabiu, Aminu Muhammed, Sagir Hassan, Lukman Abubakar, Ahmed Isah, Abdullahi Abdulwahab, Hassan Muhammad, Abdullahi Salisu, Sabo Murtala, Fahad Ibrahim, Umar Yakubu, Zakari Yakubu, and Ahmed Haruna.

The protesters, however, in a suit marked FHC/ABJ/CS/1233/2024, challenged the August 22, 2024 Federal High court order, insisting it was illegal.

The protesters, in an affidavit deposed to by one Paul Ochayi, maintained that “protest is a right and in fact the President of the Federal Republic of Nigeria, Asiwaju Ahmed Bola Tinubu had led protests in the past without being harassed, detained or remanded”.

They contended that by the actions of the security agencies, their right to life, dignity of human person, health and freedom of movement have been put under threat and being violated by the police without any justification.

When the case came on Tuesday, despite several minors languishing in Kuje prison, the judge declined to entertain the suit challenging their illegal detention.

One of the lawyers representing the defendants decried the action of Justice Nwite, lamenting that he refused to hear the motion to vacate the detention of innocent minors and alleged participants in the August protest.

“We’re frustrated that after the judge realised that the treason charges were bogus and varied the bail conditions on Tuesday for five detainees, he refused to hear the motion to vacate the detention of innocent minors and alleged participants in the August protest,” the lawyer said.

“Also, prison authorities are alarmed that minors are sent to Kuje prison.”

The minors among the defendants who are not fewer than 29 include Suleiman Ali, 16; Tasi’u Lawan, 17; Ibrahim Rabi’u, 16; Jamilu Haruna, 16; Muktar Yahaya, 17; Abdullahi Suleiman, 17; Suleiman Dauda, 17; Muktar Ishaq Alhassan, 16; Sani Aliyu, 17; Mahmud Mustapha, 16; Umar Abdullahi, 17; Habibu Sani, 17;

Others include Mustapha Abubakar, 17; Sani Hassan Idris 17; Abdulrahaman Ibrahim, 17; Salisu Adamu, 16; Bilal Auwalu, 15; Amir Muhd 17; Abdul’aziz Adam, 15; Sadiq Sunusi, 15; Ibrahim Sani, 17; Hassan Muhd, 17; Saifullahi Muhd, 15; Umar Ali, 17; Musa Isyaku, 15; Muhd Musa, 14; Usman Amiru, 14; Abdulganiyu Musa, 15 and Sunusi Nura, 14.

Credit: Saharareporters

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *