Court permits police to remand 124 #EndBadGovernance protesters for 60 days
A Federal High Court in Abuja has granted applications filed by the police to remand 124 arrested #EndBadGovernance protesters for 60 days pending the conclusion of investigation.
Justice Emeka Nwite, in separate rulings on ex-parte motions moved by Ibrahim Mohammed, counsel for the Inspector-General (I-G) of Police, granted the interim order to remand the suspects until conclusion of investigation.
Justice Nwite equally ordered that the suspects, who are minors in the applications, be remanded in Borstal Home of the correctional centre pending the conclusion of the investigation.
In the first motion ex-parte marked: FHC/ABJ/CS/1154/2024, moved by Mohammed on August 14, but with a certified true copy (CTC) of the order obtained by NAN, 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 Aug. 8 but filed Aug. 9, sued 75 protesters with ages ranging between 14 and 34 years.
They include Abubakar Ibrahim (18), Abubakar Adam (19), Suleiman Ali (16), Mubarak Mas’ud (23), Umar Musa (19), Aminu Hussaini (20), Umar Kabir (23), Ibrahim Musa (24), Abba Usman (30), Umar Inusa (18), Tasi’u Lawan (17), Ibrahim Rabi’u (16), and Jamilu Haruna (16).
The suspects also include Muktar Yahaya (17). Abdulbasit Abdulsalam (34), Salisu Adamu (16), Bilal Auwalu (15), Abdul’aziz Adam (15), Sadiq Sunusi (15), Muhd Musa (14), Usman Amiru (14), Abdulganiyu Musa (15), Muhd Yahaya (19), and Sunusi Nura (14), among others.
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 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 Legal and Prosecution Section, Intelligence Response Team (IRT), Police Force Headquarters, Abuja, deposed to the affidavit in support of the motion.
She said the I-G’s office, through the office of the National Security Adviser (NSA), received a damningly 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, 2015.”
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.
“That the violent protest causes death and bodily harm to citizens of the country and led to arson and wanton destructions of government or public and private facilities, transport systems, and infrastructural facilities in Nigeria.
“That the suspects were arrested in the actual act of rampage and reasonably suspected to be complicit in the crime, which calls for district investigations.
*That the suspects/defendants herein were found to have been carrying Russian flags, banners, placards, and slogans agitating for sovereign invasion of Nigerian territory to destabilise or overthrow the sovereign state of Nigeria by the Russian government.”
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.
She said investigations into the matter had commenced, and the defendants made voluntary statements, mostly admitting the crime, which reasonably suspected them to be members of proscribed terrorist groups.
She said the investigators had to travel to various states to discover and apprehend the sponsors of this heinous crime for effective prosecution, and the same would not be completed within the time frame contemplated by the constitution, which necessitated the application.
She said that “time is required to complete investigation thoroughly and obtain legal advice from the office” of the AGF as most of the prime suspects are still at large.
Ogochukwu averred that the suspects admitted the commission of the offence.
According to her, the suspects/defendants are now in detention in police cells, which are congested and pose serious health challenges to the inmates, and possibility of attack or escape will be ruled out.
Also, in the second ex-parte motion marked: FHC/ABJ/CS/1223/2024, moved by Mohammed on Thursday, Justice Nwite ordered another set of 49 defendants to be remanded for 60 days pending the conclusion of the investigation.
“That an order of this Honourable Court is hereby made committing the defendants to a correctional centre pursuant to Section 299 of the Administration of Criminal Justice Act (ACJA), 2015,” he said in the CTC of the order sighted on Saturday in Abuja.
The judge, who directed that the underage defendants be remanded in Borstal Home of the correctional centre, adjourned the case until Oct. 23 for mention.
The motion, dated Aug. 20, was filed on Aug. 21.
Giving four grounds why the application should be granted, the lawyer said that the defendants engaged in the offence of terrorism financing in order to overthrow a democratically elected government.
Mohammed alleged that the defendants were supporting some disgruntled elements that were flying the flag of another country in Nigeria.
He alleged that the defendants conspired with some foreign nationals to take over the sovereign nation, which is a treasonable felony.
A detective attached to the Force Criminal Investigation Department, Abuja, Gregory Woje, in the affidavit in support of the ex-parte motion, deposed that preliminary investigation revealed that some suspects arrested were being recruited by some financiers to cause mayhem and destroy life and property.
“That preliminary investigation further revealed that the financiers were sending money to recruit the indigents and other vulnerable individuals to carry banners and overthrow a democratically elected government.
“That preliminary investigation further reveals that some foreign nationals were the heads in the unscrupulous act of treasonable felony and promoting terrorism financing in Nigeria,” he averred.
Woje said the acts of the accused persons are akin to the offences of criminal conspiracy, terrorism financing, treasonable felony, cyberstalking, and cyberbullying.
He said it is the function of the police to stop the act by appending the offenders as offences to one, which is an offence to all.
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, and Ahmed Isah.
Others are Abdullahi Abdulwahab, Hassan Muhammad, Abdullahi Salisu, Sabo Murtala, Fahad Ibrahim, Umar Yakubu, Zakari Yakubu, and Ahmed Haruna, among others. (NAN)