The Federal High Court in Abuja on Tuesday struck out the charges brought against a total of 119 #EndBadGovernance Protesters.
All 119 protesters were arraigned on Friday, November 1 on charges bordering on treasonable felony, intent to destabilize Nigeria, and inciting to mutiny by calling on the military to take over government from President Bola Tinubu, among others.
The defendants were arraigned in two batches at the previous proceeding.
The first batch comprised of a total of 76 protesters which included 32 minors and the second batch a total of 43 protesters.
At the resume of proceedings, the Director of Public Prosecution of the Federation, Federal Ministry of Justice, M. D Abubakar, who appeared for the AGF, told Justice Egwuatu that the Federal Government has decided to take over and discontinue the matter.
Citing Section 174 of the 1999 Constitution, Abubakar told the court that the AGF with the exercise of his powers wishes to take over the case from the Inspector General of Police.
He said, “We have an application to take over the matter and to discontinue same under section 174 of the constitution”.
The AGF’s application was not opposed by the defense counsel.
Femi Falana (SAN), said, “We have no objection to the application because it is per the letter and spirit of the Administration of Criminal Justice Act as well as several provisions of the Child Rights Act.
“The AGF has the power to take over the case at any stage and exercise his discretion to discontinue the suit.”
Upon the agreement of the parties involved that the AGF should take over the matter, the court granted the request.
After the court granted the request, the AGF cited authorities from the same section of the Constitution to discontinue the trial of the 119 accused persons.
The defense counsel did not oppose this request either. Following the no objection from the defense, Justice Egwuatu struck out the charges.
Although the accused persons were not in court, the judge ordered their immediate release from prison remand.
Recall that President Bola Tinubu had on Monday directed the AGF to see to the immediate release of the defendants.
A public outcry and condemnation followed the arraignment of the protesters in court, which included minors.
Beyond their age, the public was also outraged by the sickly and malnourished appearance of the defendants, which led to four of them collapsing in court.
Late Friday evening, after the arraignment, the Attorney General of the Federation disclosed in a statement that he had decided to take over the case and directed the Inspector General of Police to hand over the case file.
As requested, the IGP handed over the case file to the AGF’s office on Saturday, November 2.
A new date, Tuesday, November 5, was subsequently set, bringing the next hearing on the matter forward. It was previously scheduled for January 24, 2025.
The charges preferred against the defendants among others read, “Count one – That between July 31 2024 to August 4,2024 at Abuja FCT and Kano Metropolis within the jurisdiction of this court while acting in concert and with intent to destabilize Nigeria conspired together to commit Felony to wit: Treason. You thereby committed an offence contrary to section 96 and punishable under section 97 of the Penal Code.
“Count two – “that within the jurisdiction of this court while acting in concert and with intent to destabilized Nigeria conspired together to commit Felony to wit: inciting to mutiny and thereby committed an offence contrary to section 96 and punishable under section 97 of the Penal Code.
The FG also accused them of being with the intent to destabilize Nigeria by inciting mutiny and calling on the military to take over the government from Tinubu.
Between August 1 to 10, some Nigerians took to the streets to demonstrate their unhappiness with the rising economic hardship in the country and poor governance.
This protest was tagged #EndBadGovernance. During the cause of the protest, some protesters were tear-gassed, arrested and others shot.
