#EndBadGovernance: Lawyer asks AGF Fagbemi to withdraw charges against protesters

A lawyer, Pelumi Olajengbesi, has written to the Attorney-General of the Federation and Minister of Justice, Attorney General of the Federation (AGF), Lateef Fagbemi, to terminate the ongoing prosecution of accused #EndBadGovernance protesters. He also urged Mr Fagbemi, a Senior Advocate of Nigeria, to ensure the release of all detained protesters.

Mr Olajengbesi made the call following Monday’s arraignment of 10 protesters for treason and treasonable felony, among other charges.

The lawyer argued that criminalising protesters’ demand for good governance in Nigeria last August is an affront on rule of law.

In the letter received by the AGF office on Tuesday, the lawyer maintained that Nigerian authorities, the lawyer said the Nigerian government must recognise the citizens’ right to express their grievances.

“The right to peaceful assembly and protest is the bedrock of any democratic society, enshrined in the 1999 Constitution and safeguarded by international human rights instruments to which Nigeria is a party.

“To criminalise citizens for exercising their legitimate right to dissent through peaceful protest not only constitutes a breach of these legal protections but also tarnishes Nigeria’s standing on the global stage,” he said.

He also said that the approach of the government is counterproductive and inimical to the ideals of democracy and free expression.

“It is incumbent upon us to prevent the normalisation of criminalising lawful dissent, which undermines the democratic fabric of our society.

“Historically, governments that have resorted to such heavy-handed tactics have invariably eroded their legitimacy in the eyes of both the citizenry and the international community,” he wrote.

The lawyer added, “Therefore, I earnestly appeal to you to ensure that all charges against the arrested protesters are immediately rescinded and that they are released without further delay.

“It is vital that we uphold the rule of law and refrain from punitive actions against those who merely seek to exercise their constitutionally guaranteed rights.”

Section 174(1) of the Nigerian constitution and section 107 (1) of the Administration of Criminal Justice Act (ACJA) 2015 empower the AGF to take over or discontinue (by entering nolle prosequi) any criminal proceeding in the overriding public interest.

Trail of protesters

The President Bola Tinubu-led administration has targeted many of the #EndBadGovernance protesters in a sweeping crackdown that saw it declaring a Briton, Andrew Wynne, wanted.

On Monday, the government arraigned 10 Nigerians who participated in the #EndBadGovernance protest in Abuja, Kano, Kaduna and other states. Part of the charges against them was that they collaborated with 70-year-old Mr Wynne “with intent to destabilise Nigeria” and that they “called on the military to take over the government from President Bola Ahmed Tinubu.” They were also accused of conspiring with Mr Wynee to plot a war against the Nigerian state.

The judge, Emeka Nwite, ordered the 10 defendants remanded in prison until 11 September to rule on their bail application.

Also, the police declared Mr Wynne wanted on Monday and obtained a warrant for his arrest from the same judge of the Federal High Court in Abuja on Tuesday.

Earlier on 22 August, the judge ordered the remand of 75 protesters, including at least 28 minors, in prison for two months to await police investigations into alleged terrorism-related offences.

Many Nigerians participated in the #EndBadGovernance demonstrations in major cities around the country from 1 to 10 August to protest against the economic hardship attributable to the economic policies of President Tinubu.