Falana Reveals Why Treason Charges By Tinubu Government Against Nigerian Protesters Cannot Stand
However, Falana has refuted the claim, insisted that the Federal High Court does not have exclusive jurisdiction over the cases.
Renowned human rights lawyer, Femi Falana, SAN, has disagreed with the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, over the handling of a treason case involving minors.
Fagbemi had previously stated that the minors, who were arrested and detained during the August #EndBadGovernance protest, were properly charged before the Federal High Court, citing the court’s jurisdiction over matters of treason.
However, Falana has refuted the claim, insisted that the Federal High Court does not have exclusive jurisdiction over the cases.
According to Falana, even if there was a reasonable suspicion of the minors’ involvement in treason, they should have been arraigned in a Family Court, in line with Section 149 of the Child’s Rights Act.
Falana further pointed out that the minors, who were detained with hardened criminal suspects in Abuja’s anti-robbery detention facility, were charged with treason at the Federal High Court, which he described as illegal.
Despite pleading not guilty, Falana emphasised that the arraignment of the minors violated the legal provisions intended to protect children under the law.
“It is trite that under the Penal Code and Criminal Code, treason is committed by anyone who levies war against the state to intimidate the President or a State Governor or who conspires to levy war against the state.
“The charge of treason filed by the police did not allege that the suspects raised any war or conspired to levy war against the President and State Governors,” he stated.
He said the main offence allegedly committed by the suspects arrested is that they displayed the Russian flag during the protest. A tailor who was sewing the flag was arrested by the police.
Falana explained that the police Prosecutor ought to have known that it is not a criminal offence to waive a foreign flag in Nigeria.
“Hence, the flags of the United States, United Kingdom, France, Germany and other European countries are hoisted by the majority of hotels in Nigeria while churches hoist the flag of Israel based on the erroneous belief that it is a Christian country.
“The fundamental rights of Nigerian citizens to assemble and protest against unpopular policies of governments are guaranteed by Section 39 and 40 of the Constitution as well as Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004.”
It said, “In the case of the Inspector General of Police v All Nigeria Peoples Party (2008) 22 WRN 65, the Court of Appeal declared police permit for rallies illegal and unconstitutional and directed the National Assembly to amend the Public Order Act to facilitate the enjoyment of the fundamental right to peaceful protests by aggrieved citizens.
The Senior Advocate said while the National Assembly ignored the directive of the Court of Appeal, the police and other security forces intensified the infringement of the right of Nigerians to protest against governments and other public authorities.
“However, the right to protest by Nigerians was statutorily protected in the 2015 Amendment of the Electoral Act 2010. Furthermore, section 83(4) of the Police Establishment Act 2020 has imposed a duty on the Nigeria Police Force to provide adequate security for protesters during rallies, meetings and protests.
According to Falana, “Seven Polish students were arrested for taking photographs during the protest. They were going to be charged with espionage to give the impression that the protests were instigated by foreign interest groups.”
He said the students had since been released when it was confirmed that they were taking part in an exchange programme at the Bayero University, Kano.
“As if such embarrassment was not enough, Comrade Michael Adaramoye was charged with treason because he answers to the sobriquet “Lenin”. Comrades Elejo Opaluwa and Mosiu Abolaji were equally charged with treason for belonging to a socialist organisation that supported the protest.
“Povey was charged with treason because he sells socialist books in a bookshop at the Secretariat of the Nigerian Labour Congress.”
He said, “In a total abuse of prosecutorial powers the police had wanted to prove the grave charge of treason evidence with two fire extinguishers, two prepaid meters, 76 Russian flags and the statements of the defendants.”
Falana said during the investigation, the police claimed that it had evidence of the billions of Naira with which a British national, Andrew Wynne (a.k.a. Andrew Povey) had funded the protest.
“Even though Mr. Whyne was declared wanted and charged for treason in absentia, the proof of evidence does not refer to the billions of Naira allegedly spent by him on the protest.”
He further explained that in a brazen violation of the right of Nigerians to assemble and freely voice out their views on bad governance and rising cost of living in the country, the Federal Government and several state governments embarked on a campaign of calumny against the organisers of the August 2024 protests.
“When the vicious campaign did not achieve its dubious objective, the Federal Government threatened to deal ruthlessly with the organisers of the protest.
“Out of sheer desperation, the Lagos and Ogun states governments as well as the federal capital territory administration surreptitiously secured ex parte orders to stop the protest,” Falana said.
According to him, “For having the temerity to participate in the protest, the police and the armed forces shot at many unarmed protesters. At the end of the protest, not less than 22 protesters were killed.
“Thus, the deliberate refusal of the police to provide adequate security for the protesters and the unwarranted killing of some of the protesters led to the violence that marred the peaceful protests in some states.”
“However, before the protest was called off, President Bola Tinubu said that the Federal Government had heard the protesters loud and clear and would enter into dialogue with the leaders.”
“Notwithstanding the presidential declaration, the police turned round to commence the prosecution of the over 2000 protesters that were arrested in several states,” he added.
