FALANA CHALLENGES FEDERAL HIGH COURT JURISDICTION AND GOVERNMENT’S HANDLING OF TREASON CHARGES AGAINST PROTESTERS
Human rights lawyer, Femi Falana, SAN, has contested the position of Attorney-General of the Federation, Lateef Fagbemi, on a treason case involving minors arrested at the August #EndBadGovernance protest. Fagbemi argued that the minors were appropriately charged with treason at the Federal High Court due to its jurisdiction over such cases. However, Falana refuted this, asserting that the Federal High Court lacks exclusive jurisdiction and that the minors should have been brought before a Family Court under Section 149 of the Child’s Rights Act.
FALANA CONDEMNS MINORS’ DETENTION WITH CRIMINAL SUSPECTS
Falana criticized the detention of minors alongside hardened criminals in Abuja’s anti-robbery facility and their subsequent treason charges at the Federal High Court, calling it unlawful. He stressed that this action disregards the protective provisions for minors within the legal system.
NO EVIDENCE OF TREASON, SAYS FALANA
Falana argued that the treason charges lack basis, noting that no evidence suggests the minors or other suspects engaged in acts or conspiracies of war against the state. He pointed out that the main accusation against the suspects was their display of a Russian flag during the protest, which is not a criminal offense in Nigeria. He emphasized that waving foreign flags, a common practice, is not illegal and cited instances where flags from countries like the United States, United Kingdom, and Israel are regularly hoisted in Nigeria.
RIGHT TO PEACEFUL PROTEST UNDER CONSTITUTIONAL AND AFRICAN CHARTER
Falana reminded authorities that Sections 39 and 40 of the Nigerian Constitution and Articles 9 and 10 of the African Charter guarantee citizens’ rights to assemble and protest against unpopular policies. He referenced a 2008 Court of Appeal ruling declaring police permits for rallies illegal and urging amendments to the Public Order Act.
NATIONAL ASSEMBLY’S NEGLECT AND POLICE HARASSMENT
Despite the Court of Appeal’s directive, the National Assembly has not amended the Public Order Act, and security forces have continued suppressing Nigerians’ right to protest. Falana highlighted the 2015 Electoral Act Amendment and the 2020 Police Establishment Act, which mandates the police to secure protesters. However, these provisions are often disregarded.
FOREIGN NATIONALS ACCUSED UNJUSTLY IN PROTEST
Falana revealed that seven Polish students photographing the protest were initially suspected of espionage, aiming to suggest foreign involvement. They were released after confirming they were part of an exchange program. Additionally, activist Michael Adaramoye, known by the nickname “Lenin,” and others were charged with treason for participating in the protest.
POLICE’S INADEQUATE PROOF IN TREASON CASES
Falana criticized the police’s evidence for treason charges, which included unrelated items such as fire extinguishers, prepaid meters, and Russian flags. He noted that despite claims of protest funding from British national Andrew Wynne, evidence of the supposed billions of Naira spent was absent.
ALLEGATIONS OF REPRESSION BY GOVERNMENT
Falana accused the Federal Government and several states of a smear campaign against the protest organizers. He reported that the Lagos and Ogun states and the federal capital territory administration sought court orders to preempt the protests.
VIOLENCE AGAINST PROTESTERS
Falana condemned the police and military response, which left at least 22 protesters dead. He attributed this violence to the authorities’ refusal to secure the protest, which escalated into conflict in some states.
PRESIDENT PROMISES DIALOGUE, BUT PROSECUTIONS FOLLOW
Although President Bola Tinubu pledged to listen to the protesters, the government has since pursued legal action against over 2,000 detained protesters across several states, Falana said, revealing ongoing government efforts to penalize dissent.
