A Federal High Court in Abuja presided over by Justice Emeka Nwite has remanded 10 members of the #endbadgovernance in kuje prison
The protesters were arraigned by police before Justice Nwite of on charges of attempting to overthrow President Bola Ahmed Tinubu between 1 July and 4August 4 this year.
The accused persons were said to have committed the treason offence during their one-week nationwide protests when they allegedly levelled war against Nigeria.
The offences are said to be contrary to sections 96, 410 and 413 of the Penal Code.
The Inspector General of Police, IGP who brought the charges against them alleged that the accused persons broke into the Abacha Army Barracks and openly called on the military to take over the constitutional government of President Tinubu.
He also alleged that they attempted to force their way into the seat of power during which they allegedly burned down a police station and injured police officers.
They were also said to have incited the Nigerian public against the government and destroyed several public properties including a Police station, High Court complex and National Communication Commission, NCC, facilities.
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.
Upon their denial of the allegations, Counsel for the IGP, Simon Lough, a Senior Advocate of Nigeria (SAN) asked Justice Nwite to remand the accused persons in prison pending their trial.
However, counsel to the defendants moved oral applications for bail of the accused persons.
Marshall Abubakar who stood for four of the defendants cited authorities to justify his oral application for his bail adding that the Federal High Court in the treasonable charges against a politician, MKO Abiola allowed oral application and admitted him to bail.
Abubakar told Justice Emeka Nwite that his clients were presumed innocent in law until proven otherwise by the IGP, adding also that bail is the Constitutional rights of the defendants.
Besides, the counsel submitted that the defendants had been held in custody for close to a month by police who he said, had completed investigations into the allegations against his clients before bringing them to court.
The lawyer assured the Judge that the defendants would not jump bail if granted and that they would also not tamper with witnesses in the matter.
Another lawyer, Deji Adeyanju who appeared for three of the defendants, faulted the treason charges against the defendants insisting that they only participated in a lawful and legitimate protest against hardships facing them.
Adeyanju argued that police ought to have entered the locations of bandits, kidnappers and terrorists, arrested and charged them with treason offences instead of innocent protesters.
He drew the attention of the court to the proof of evidence attached to the charges, adding that no evidence pointed to the direction of treason, mutiny and incitement as alleged by police.
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.
However, Counsel to Police, Simon Lough SAN vehemently objected to the bail requests on the grounds of gravity of the alleged offences the accused persons were charged with.
He specifically cited mutiny aimed at changing democratic government by force through incitement and involvement of a British national against the Nigerian nation.
In a brief reaction, Justice Nwite ordered that the defendants be remanded at Kuje prison in Abuja and Suleja prison in Niger State and adjourned ruling in their bail applications till 11 September, 2024
The Judge ordered that the nine male defendants remain in Kuje prison while the only female defendant said to be pregnant, Angel Love Innocent was ordered to be taken to Suleja prison.
Justice Nwite said he needed time to consult the retinue of authorities cited by lawyers to back up bail applications.
Although lawyers to the accused persons led by Marshall Abubakar had requested police custody for their respective clients, Justice Nwite rejected the request and instead ordered that they be taken to prisons.
