Renowned human rights activist, Femi Falana, SAN, has issued an ultimatum to the Nigerian Police, urging them to charge protesters currently remanded in prison custody to court before August 25 or face legal consequences.
Falana also accused authorities of obstructing the legal representation of the protesters, resulting in their unlawful detention. “Out of the 2,111 arrested suspects, 1,403 have been arraigned in various courts. Painfully, the suspects were ordered to be remanded in prison custody due to a lack of legal representation,” Falana stated.
He emphasized that the suspects were denied access to legal counsel, despite the Nigerian Bar Association’s public offer to provide defense lawyers.
“We have also confirmed that individual lawyers who had applied for the bail of the detained suspects in police stations were not informed that they were going to be arraigned in the courts,” he added.
Falana condemned this denial of legal representation as a grave violation of the suspects’ fundamental right to a fair hearing, as guaranteed by Section 36 of the Nigerian Constitution and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
“This is highly discriminatory and illegal, especially considering that politically exposed persons accused of looting billions of Naira are typically informed in advance of their court dates and are often granted bail under liberal terms, sometimes even allowed to travel abroad for medical treatment,” he argued.
Ultimatum
Falana insisted that any further arraignment of the suspects must be conducted with adequate notice, allowing them to contact the Nigerian Bar Association and their families to arrange for legal defense.
He warned, “If all the suspects are not charged before August 25, 2024, the Alliance on Surviving Covid-19 and Beyond (ASCAB) will approach the Federal High Court to demand their immediate release.”
Falana also revealed that ASCAB has resolved to defend the cases filed against the protests by two state governments and the Federal Capital Territory.
He stressed that the solution to the political issues, which these protests reflect, lies in the honest application of socio-economic justice.
“Elements of this socio-economic justice include policy instruments designed to combat hunger, ignorance, disease, and the scandalous inequality that defines Nigerian society today,” Falana concluded.
