Justice Emeka Nwite of the Federal High Court in Abuja has granted the police’s request to remand 124 protesters in custody for 60 days, pending the completion of investigations.
The court’s interim order obtained by the News Agency of Nigeria, issued in response to separate ex-parte motions filed by police counsel Ibrahim Mohammed, allows for the suspects’ continued detention.
Notably, the court directed that minor suspects be held at the Borstal Home of the correctional centre until the investigation is concluded.
On August 14, Justice Emeka Nwite granted an ex-parte motion (FHC/ABJ/CS/1154/2024) filed by Mr. Mohammed on behalf of the Inspector-General of Police.
The motion, dated August 8 and filed on August 9, sought the remand of 75 protesters, aged 14-34, for 60 days pending investigation and legal advice from the Attorney-General of the Federation.
The named protesters 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), Jamilu Haruna (16), 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).
The protesters are accused of committing acts of terrorism, treason, and related felonies, including arson and terrorism. The alleged offences contravene various sections of Nigerian laws, including the Terrorism (Prevention and Prohibition) Act 2022 (Sections 2(1) and (3), 24, and 26), Criminal Code Act (Sections 41 and 42), Penal Code Act (Sections 410, 411, and 412) and Miscellaneous Offences Act CAP M17 Laws of the Federation of Nigeria 2004.
Elizabeth Ogochukwu, a litigation secretary at the Police Force Headquarters in Abuja, swore an affidavit in support of the motion. She stated that the Inspector-General’s office received credible intelligence, via the National Security Adviser’s office, about a planned violent uprising against state and federal governments.
Ms Ogochukwu averred that “the plan of 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 on 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, 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 caused death and bodily harm to citizens of the country and led to arson and wanton destructions of government or public and private facilities, transport system 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 a sovereign invasion of Nigerian territory to destabilise or overthrow the sovereign state of Nigeria by the Russian government.”
Mr 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 the investigation thoroughly and obtain legal advice from the office” of the AGF as most of the prime suspects are still at large.
Mr 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 for the inmates, and the possibility of attack or escape will be ruled out.
Also, in the second ex-parte motion marked: FHC/ABJ/CS/1223/2024, moved by Mr Mohammed on Thursday, Mr 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 under 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 October 23 for mention.
The motion, dated August 20, was filed on August 21.
Giving four grounds why the application should be granted, the lawyer said that the defendants engaged in the offence of terrorism financing to overthrow a democratically elected government.
Mr 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.
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.
