Nigeria: #endbadgovernance 'Prisoners' - No Bail, No Lawyers As Courts Send 1,423 Protesters to Prison

18 August 2024

·Kano, Sokoto, Borno, Katsina, Plateau top list, Russia flag demonstrators flown to Abuja

·NBA says data not collated yet

·Association goes to court on behalf of those brutalized in Abuja

By Henry Ojelu, Wole Mosadomi, Marie-Therese Nanlong, Ndahi Marama, Bashir Bello, Ibrahim Hassan-Wuyo, Demola Akinyemi, Charly Agwam, Femi Bolaji, Idris Salisu, Ogalah Ibrahim, Musa Ubandawaki and Abel Daniel

The 10-day #EndBadGovernance protests may have ended, but the fallout will continue to be with us for some time to come.

For instance, several protesters arrested in some states, mainly in the North, have been charged to court and remanded in prison pending their trial which may not commence anytime soon, going by the delay in trial which has characterized our courts.

Consequently, they are now 'prisoners-awaiting-trial'.

The arraignment is in line with the law which provides that a suspect must be arraigned in court within 48 hours of arrest, but there is no evidence to suggest that the #EndBadGovernance protesters had legal presentation during the arraignment as it ordinarily should be.

It was not clear also whether their pleas were taken, and, worse still, there was no bail for them.

For instance, the police confirmed that none of the 600 of the 832 protesters arrested in Kano State and charged to court had the opportunity for bail as they were all sent to prison pending the next hearing of their case.

The situation is nearly the same in Plateau State where 51 suspects were arrested and charged to court without legal representation and bail.

The police, however, confirmed that a lawyer called in respect of one of the suspects but did not elaborate.

The next adjourned dates for the cases of the protesters could not be confirmed but if the case of those charged in Plateau is used as a yardstick, then they may have to remain in prison custody for at least the next one month.

The Plateau protesters' case was adjourned to September 18 and 19, that is, about one month away.

The situation in Katsina State is different where out of the 120 protesters arrested and charged to court, 64 were represented by lawyers and bail successfully secured for 30.

The remaining 90 protesters were remanded in prison but the lawyers who represented the 64 were upbeat about freedom for the rest of their clients (34) as soon as possible.

Many of the 110 protesters arrested on the first and second days of the protests in Sokoto metropolis are, according to sources, still languishing in correctional homes.

The suspects were summarily remanded in prison custody after being presented by the police before a mobile court set up the state government.

Suspects arrested later, and who were supposed to be presented to court on Thursday, were not in seen in any of the magistrate courts in the state capital.

11 states

Sunday Vanguard's survey across 11 states showed that 1, 423 suspected protesters were arrested by the police and charged to court.

Those accused of flying Russia's flag among them, it was learnt, have been flown to Abuja for further interrogation.

Kano tops the list with 832 suspects, followed by Sokoto, 110, Borno, 97, Katsina, 90, Bauchi, 60, Plateau and Yobe, 51 each, Kaduna, 50, Nasarawa, 40, Niger, 23, and Zamfara, 19.

The charges vary from state to state and they include criminal conspiracy, inciting disturbance, riot, theft, mischief and arson.

Meanwhile, the Nigerian Bar Association (NBA), which had vowed ahead of the protests to provide legal aid to arrested protesters whose rights may have been violated, did not show up in any of the courts in all the states where arraignment took place.

Mr Chinonye Obiagwu, SAN, Chairman, NBA Human Rights Institute and Member, NBA Free Legal Support Team for #EndBadGovernance protesters, however, said the association was intervening on behalf of some protesters in Abuja who were harassed and brutalized at the MKO Abiola Stadium, the venue designated for the protests, by security forces, saying a suit was being filed in court on their behalf.

"The branches of the NBA were mandated to provide legal assistance to anyone arrested or whose human rights were violations during the protest", Obiagwu told Sunday Vanguard late last week.

"There were a number of reports from the branches about support provided to diverse range of people. Most of the cases are still going on and so the data have not been collated at the central NBA level.

"In Abuja, some protesters, including women, were molested at the stadium when they came to arrange for the August 10 protests.

"This was the stadium the court designated as the approved place for the protests, yet they were beaten and harassed by law enforcement agents in the same venue.

"So, the NBA Human Rights Institute intervened and some of the molested protesters are filing a suit to challenge the denial of their right to peaceful protests."

The protests took place nationwide from August 1 to August 10.

Tagged #EndBadGovernance protests, it was organized by youth groups to call government's attention to the downturn in the economy and the hunger in the land.

Efforts by government to dissuade organizers from proceeding with the action on the grounds that it may be hijacked by hoodlums to cause destruction proved abortive.

The protests were largely peaceful in Abuja and Lagos, among others, where government obtained court orders to restrict demonstrations to designated venues.

But in many states, especially in the northern part of the country, the protests took a violent turn as hoodlums came in, leading to loss of lives and destruction of property.

The police called many of the arrested persons 'rioters' but some of them disputed the claim, saying they were protesters

Additionally, the protests turned to pro-Russia rallies in Kano, Kaduna and Katsina states, among others, as demonstrators carried Russian flags in a manner suggesting they want Nigeria to turn to Russia in search of solution to her challenges.

Kano

Kano State Police Command said it arrested no fewer than 832 suspects for various offences during the nationwide protests in the state.

The state Commissioner of Police, CP, Salman Garba, said 600 were rioters while 76 were arrested in connection with the displaying of Russia flags.

Garba said others arrested include six who allegedly masterminded the looting of the Kano Printing Press and 150 violators of curfew imposed by the state government as a result of the protests.

"The Kano State Police Command has worked diligently and professionally towards addressing the aftermath of the August 1st to 10th nationwide protests, and these efforts resulted in the arrest of 873 suspects and recovery of large quantity of exhibits", he said.

"Arrest and prosecution of six hundred (600) suspects for various offences, including criminal conspiracy, inciting disturbance, riot, theft, mischief and arson were made.

"Similarly, arrest and prosecution of one hundred and fifty (150) suspects for violating the curfew enforced by the Kano State government while additional (6) suspects arrested were linked with masterminding the destruction, setting ablaze and looting of the Kano Printing Press (KPP) are undergoing investigation.

"We also arrested and transferred seventy-six (76) suspects flying Russian flags, including a foreigner to Force Headquarters, Abuja for discreet investigation on charges of sedition".

When contacted for additional information on the number of suspects granted bail after arraignment in court, spokesperson for the state Police Command, SP Abdullahi Haruna, said no one was granted bail.

Kaduna

In Kaduna State, suspects arrested in connection with the protests, it was learnt, were also charged to court.

Although a source close to the police in the state said the police arrested over 50 youths, the state Police Command Public Relations Officer (PPRO), ASP Mansir Hassan, could not disclose the actual number of those arrested.

"All the suspects have been changed to court and some were transferred to Abuja for investigation", Hassan simply told Sunday Vanguard.

Meanwhile, there were complaints that some of those arrested were peaceful protesters and had not participated in looting or vandalizing of government and private properties.

Malam Ahmed Rufa'i, a tailor in Kaduna North Local Government Area, alleged that the police, in their mass arrests, had not differentiated between protesters and miscreants.

Plateau

51 suspects were arrested in Jos, Plateau State during the protests and they were immediately charged to court, the state Police Command Public Relations Officer, DSP Alfred Alabo, confirmed.

Recall that some of the persons were arrested for defying the curfew imposed on the area by the State Government in the aftermath of the protests.

A credible source at the state Police Command disclosed that none of the arrested persons had been bailed at the time of this report.

"Shortly after they were arrested, they were all charged to court for inciting disturbance and failure to comply with an order made by the government. A lawyer called for one of the suspects but none is bailed yet. Some of them were arrested with dangerous weapons", the source said.

"When they were arraigned, they all pleaded guilty, so they were remanded in prison custody and the matter was adjourned to the 18th and 19th of next month. So those that can afford to get lawyers, their lawyers will file bail applications which will be considered.

"They were arraigned at the time of the protests, and so the court exercised its discretion to remand them and some of them were arrested with dangerous weapons".

Katsina

120 protesters were arrested in Katsina State for allegedly engaging in destructive activities and causing unrest during the protests.

According to ASP Abubakar Sadiq, spokesperson for Katsina Police Command, all the suspects had been arraigned in court.

Sunday Vanguard learned that the alleged offenders were brought before multiple courts but their hearings were adjourned.

While some secured bail, a significant number were sent to correctional facilities awaiting trial.

A legal team from Lawyers for Rule of Law and Human Rights, representing 64 protesters, said it secured bail for 30 protesters.

The team, led by MM Lawal and DD Sani, noted that efforts were underway to release the remaining 34 detainees.

Sunday Vanguard understood that some of the protesters were still in custody because the charges against them were bail-able only in a High Court.

A check at the two correctional facilities in the state capital revealed that 42 protesters were earlier admitted at the facilities.

Prominent among those still in detention at press time were Kabir Shehu 'Yandaki and Habibu Ruma, along with five others who championed the protest under the 'Struggle for Good Governance' umbrella.

The court had directed that the protest leaders, among others, be presented for the continuation of their trial slated for September 11, 2024.

Sokoto

Many of the 110 arrested on the first and second days of the nationwide protests in Sokoto metropolis were at press time, according to sources, still languishing in correctional centers.

The suspects were summarily remanded in prison custody after being presented by the police before a mobile court set up the state government.

More suspects, who were supposed to be presented to court on Thursday, were not in seen in any of the magistrate courts in the state capital.

When contacted, Sokoto State Police Command spokesman, ASP Ahmed Rufai, said the matter was before the court of law and, as such, the police would not make further comments.

Rufai directed our correspondent to the state High Court where the Public Relations Officer, Mr Nakwanta Mohamned, also declined comment on the matter.

The Public Relations Officer of the Sokoto Correctional Service, Abubakar Dingyadi, on his part, said the Service was still waiting for a production warrant from the court that remanded the suspects in the Central Correctional Home in Sokoto metropolis.

The relations of some of those arrested in connection with the protests, however, told our correspondent that many of the suspects who pleaded guilty as charged were fined between N130,000 and N150,000 depending on the nature of the allegation against them.

The protests had turned violent in Sokoto on the first and second days which saw many infrastructures in the state capital vandalized including those around the Government House, the seat of power.

Governor Ahmed Aliyu vowed to punish severely all those who took part in the wanton vandalization of public infrastructures during the protests.

Nasarawa

In Nasarawa State, the Police Command said it arrested 50 protesters from different local governments across the state but released 10 minors and charged the remaining 40 to court.

DSP Ramhan Nansel, the state Police Public Relations Officer (PPRO), disclosed this in Lafia, the state capital.

The PPRO noted that 25 protesters were apprehended in Lafia,16 in Karu, six in Keffi and three in Mararaba-Udege.

Governor Abdullahi Sule, speaking on the protests, expressed worries over Almajiris, who, he said, were used to carry out the demonstrations in the state.

Sule regretted that after interrogation, it was found that the Almajiri were minors who did not even know what the protests were all about.

Taraba

Taraba State recorded no detention during the protests.

While the protests lost steam after the first day, security operatives were on ground to maintain peace and order.

Borno, Yobe

In the aftermath of the first and second days of the protests, which later turned violent in some parts of Borno and Yobe states, Sunday Vanguard understood that about 97 suspects were arrested and detained in Maiduguri, the Borno State capital, while 51 were arrested in Yobe in connection with violence, with property worth millions of naira destroyed.

Borno State Police Public Relations Officer, DSP Kenneth Daso, confirmed the arrests made by the police in the state in an interview.

He said: "The suspects include seven social media instigators, seven persons who hoisted Russia flags and 83 violent protesters who were arrested at various locations in Maiduguri metropolis and Jere local government area.

"They vandalized public infrastructure and private property, caused mischief by fire, rioting, theft and looting of items.

"Some of the significant actions include the looting of office and food items of World Food Programme (WFP) warehouse at Baga Road, removal of interlocks, destruction of flower vases, street lights and pedestrian bridge barricades at Bulumkutu, Lagos Street, Baga Road and Gwange".

The PPRO urged members of the public to report any suspicious activities within their domain or area to the police or other security agencies, adding that the Command remained committed to ensuring public peace and security.

Daso also said all the suspects after spending 24hours in custody were taken to court for trial and "punishment".

Our correspondent gathered that the Borno State Mechanical Workshop and police patrol vehicle were vandalized while dozens of people lost their lives and injured during the first day of the protests in Maiduguri metropolis.

In Yobe, protesters went berserk in Nguru, Potiskum and Gashua local government areas, even as the state capital, Damaturu, witnessed peaceful protest.

In Potiskum, for example, it was gathered that some youths vandalized seven buses belonging to the Potiskum Council. Also destroyed were streetlights, and traffic warden sheds among others.

In Nguru, a pharmaceutical store owned by one Alhikma and a storage facility belonging to the local council were affected, while an ICT Centre named after former Senate President Ahmed Lawan was vandalized, in addition to other public and private properties in Gashua and the other two council areas worth millions of naira destroyed.

According to the Yobe State Police Command spokesman, ASP Dungus Abdulkarim, 51 suspects were arrested out of which 35 have been remanded in the Potiskum Correctional Centre while the underage children among them may be released on bail.

Kwara

There were practically no protests in Kwara State and therefore no arrests.

The state Police Command Public Relations Officer, Ejire Adeyemi Adetoun, told Sunday Vanguard:

"There were no protests in Kwara State, so we didn't arrest any protester".

Bauchi

Bauchi State Police Commissioner, Auwal Musa Mohammed confirmed that a police officer was injured and over 60 protesters were arrested during the first day of the protests in the state.

The protesters, who numbered over 3,000, became violent and unruly, engaging in phone theft, property destruction, and stoning police officers.

Despite attempts to disperse them, the protesters regrouped and tried to force their way into Bauchi Government House.

According to the CP, the arrests were made due to breaches of public order and unlawful assembly, as the protesters did not obtain police permission before embarking on the exercise. He noted that 52 of the arrested protesters, including women, were detained for their violent behavior.

Mohammed emphasized that the police acted professionally and did not use lethal force, despite the protesters using women and children as shield.

When Sunday Vanguard called the state Police Command Public Relations Officer, Ahmed Wakil, to ascertain the number of protesters released, he said: We charged all to court. Only the courts have the details please".

Zamfara

Zamfara State Police Command said it arrested 19 suspects during the protests. A spokesperson for the state Police Command, ASP Yazeed Abubakar, said the suspects were immediately charged to court without spending 24 hours in their custody.

According to him, the police did not arrest protesters conducting their protest peacefully but only arrested those who were caught boggling shops and stealing public property.

He further explained: "Those arrested were charged with criminal conspiracy because they were caught with stolen public properties worth five hundred (500) million naira.

The PPRO also stated that some of the suspects were charged with armed robbery as they were caught with dangerous weapons.

"None of the arrested 19 was released on bail by the state Police Command, they were screened and we charged them all to court", Abubakar said.

Niger

In Niger State, most of the violent protests took place in Suleja, headquarters of Suleja local government area, and Sabon Wuse, headquarters of Tafa local government area.

23 persons were arrested in Sabon Wuse alone.

The Public Relations Officer for the State Police Command, DSP Wasiu Abiodun, confirmed the arrest of the 23.

"On the 1st of August, the day the protest started at about 1000hrs, some miscreants of Tafa area of Kagarko LGA of Kaduna State and that of Sabon-Wuse Tafa and Hayin-Dikko Gurara area of Niger State mobilized and stormed Tafa LGA Secretariat of Niger State located along Abuja, Kaduna expressway, Sabon-Wuse Niger State", Abiodun said in a statement.

"The hoodlums vandalized the Secretariat, partly set ablaze two cars while two others were vandalized.

"They further looted office valuables such as computers, refrigerators, file cabinets, ceiling fans, office chairs, television sets and office burglaries. "The police and other security agencies responded and a total of 23 suspects were arrested with different dangerous weapons, while others were dispersed from the scene and most of the looted items were recovered mostly from Kagarko in Kaduna State".

The suspects, it was learnt, were transferred to SCID Minna for further investigation and they were scheduled to be arraigned in court as soon as the investigation was concluded.

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