The medical doctor, who was arrested on 26 January, said he only joined a peaceful protest on 10 January while jogging near the Market Square.
The Edo State Police Command has charged Nwoke Onyebuchi, a 52-year-old medical doctor and senior lecturer at Ambrose Alli University, Ekpoma, alongside four others, with murder, armed robbery, and kidnapping following a protest against rising abductions in the university town.
PREMIUM TIMES obtained on Sunday copies of the charges and court filings in the fundamental rights enforcement suit filed by Mr Onyebuchi.
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The charges, filed before the Edo State High Court in Ubiaja on 2 February, include conspiracy to commit felony, armed robbery, kidnapping, and the alleged murder of residents while being held hostage.
Mr Onyebuchi was charged alongside Ekpoborodefe Oghenevo Andress, 30; Aigbogun Collins, 40; Oyinbo Lifted, 31; and Igoh Christopher, 27. Others allegedly involved remain at large.
In count one, the police accused them of conspiring to promote armed attacks, contrary to Section 412(2) of the Criminal Law of Edo State, 2022.
In count two, the police accused them of carrying out a warlike undertaking against the Onojie and residents of Ekpoma.
Counts three and four alleged conspiracy and aiding armed robbery under the Robbery and Firearms (Special Provisions) Act, 2004.
In counts five and six, the police alleged conspiracy to commit kidnapping and aiding kidnappings, while count seven accused them of conspiracy to commit murder. Count eight alleged the suspects murdered residents while they were held hostage, an offence punishable under Section 242(1) of the Criminal Law.
The charges did not name any victim of the alleged armed robbery, kidnapping and murder.
On 2 February, the police arraigned them before trial judge Rita Irele-Ifijeh, where they pleaded not guilty to all eight counts.
After their arraignment that same day, the judge granted bail to the defendants, who had been in police detention since January. As part of the terms, the judge asked each of them to present a surety that must be resident and with a verified address in Benin City, Edo State.
They fulfilled the bail conditions that same day and were released.
On 9 February, the case came up before another judge, Ikwuemosi Dika, who reviewed the earlier bail granted by Mrs Irele-Ifijeh. Despite the prosecution's position, Mrs Dika sustained the earlier bail.
The judge then adjourned the matter for two weeks to enable the police seek the opinion on of the Director of Public Prosecution of the state on whether there is sufficient evidence to proceed with the case.
Medical doctor kicks, says he's police target for participating in protesting
Mr Onyebuchi, who was arrested on 26 January, told PREMIUM TIMES on Sunday via a phone interview that he only joined a peaceful protest on 10 January while jogging near the Market Square.
"I saw youths holding placards calling for an end to kidnapping. There were policemen and soldiers around. Everywhere was calm," he said.
The protest followed the 6 January abduction of a medical doctor and his younger brother in Auchi, in which the younger brother was reportedly killed.
"The doctor was my former student. I was traumatised. Kidnapping has been happening repeatedly in Ekpoma. I only lent my voice against it," he added.
Video footage reviewed by PREMIUM TIMES shows demonstrators chanting anti-kidnapping slogans under police and military supervision, with no visible acts of violence.
Ordeal of arrest, detention
Mr Onyebuchi said police detained him for eight days before bringing him before a court, exceeding the constitutionally prescribed timeframe under Section 35 of the Nigerian Constitution. He said he complied with police invitation and did not resist arrest.
Mr Onyebuchi said his arrest and detention disrupted his professional responsibilities as both a lecturer and a medical doctor.
He noted that he was scheduled to supervise and defend students' projects on 17 February but had been preoccupied with court appearances and reporting to the police.
"As I'm talking right now, I'm supposed to be preparing for my students' project defence," he said, adding that the case has also affected his medical practice and left his patients unattended.
"I watched the video of the short interview I granted and then saw the charges. I could not understand how speaking against kidnapping translated into murder," Mr Onyebuchi said.
He also alleged that the Edo State Commissioner of Police, Monday Agbonika, accused him of attempting to portray the state as insecure and suggested his participation in the protest was politically motivated.
"He told me that protesting insecurity could amount to treason," he said.
The medical doctor said while he was in detention, he was taken to a police hospital after intervention by the Nigerian Medical Association, where tests reportedly showed his blood sugar level above 460. He was restrained and later returned to custody.
Efforts to obtain a comment from the Edo State Police Command were unsuccessful.
Eno Ikoedem, the Command's spokesperson, initially requested the charges be sent to her, which was done. Follow-up questions via WhatsApp and text were not responded to at the time of filing this report.
Court challenge
Mr Onyebuchi has filed a suit in the High Court of Justice, Benin City, seeking enforcement of his fundamental rights under Sections 34, 35, 39, and 41 of the 1999 Constitution (as amended).
The suit, filed on 2 February, asked the court to declare his arrest and continued detention without a court order since 26 January unlawful and unconstitutional.
The suit also sought declarations that handcuffing him to a hospital bed while receiving medical treatment constitutes degrading and inhuman treatment, and that the refusal to grant administrative bail amounts to abuse of police power.
The respondents in the suit are the Commissioner of Police, Edo State; Gana Mohammed, Officer-in-Charge of the Anti-Robbery Unit; the Nigeria Police Force; and Monday Agbonika.
Mr Onyebuchi asked for his immediate release or bail, restraining the police from harassment, and N50 million in damages for unlawful arrest, detention, and violation of his fundamental rights.
The affidavit supporting the suit, sworn by his wife, Mercy Onyebuchi, stated that no evidence of violence or criminal activity was found during a search of his home.
It also detailed his deteriorating health during detention, including the period he was handcuffed to a hospital bed.
Mr Onyebuchi's lawyer, C.I. Ogbebor, argued that the police violated constitutional and legal protections, including rights to personal liberty and bail, citing cases establishing that detention beyond constitutional limits and degrading treatment by law enforcement are unlawful.
The matter is pending before the Benin Judicial Division of the High Court.
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Background
Residents of Ekpoma, headquarters of Esan West Local Government Area, staged a protest in January against repeated kidnappings.
Students of Ambrose Alli University also joined the demonstration, which disrupted commercial activities. In their anger, protesters pulled down campaign billboards ahead of the 2027 general elections.
Principal Security Officer to Governor Monday Okpebholo, Austin Eigbiremolen, assured residents that adequate security would be deployed to the town and that kidnappers would soon be driven out.
Edo State Police Command Public Relations Officer, Eno Ikoedem, dismissed claims of worsening insecurity, saying the Commissioner of Police, Mr Agbonika, was in Ekpoma.
She said nine people abducted on Friday were rescued unharmed after the deployment of the Eagle Combat Drone Unit and collaboration with local hunters.
"The ground troops stormed the kidnappers' camp, forcing them to flee and abandon two locally fabricated AK-49 rifles," Ms Ikoedem said. "The victims, including five children, were rescued unhurt. This landmark operation underscores the transformative role of technology in modern policing."
A day after the protest, a viral video shows the moment a man was abducted shortly after parking his car at his compound, a day after the mass protest. Armed men emerged from a bush and whisked him away.
During the protest, a 32-year-old demonstrator, Osagie Abraham, was reportedly shot by a soldier. The police ordered an immediate investigation, confirming that Mr Abraham was alive and receiving medical care.
In a statement, the police said the protest, initially peaceful, was hijacked by individuals engaging in vandalism and looting.
