The Inspector General of Police (IGP) has accused ten Nigerian protesters of conspiring with a British citizen named Andrew Martin Wynne to plot the removal of President Bola Tinubu by unconstitutional means, among other allegations.
This is contained in the charge sheet read to Michael Tobiloba Adaramoye and nine others at the Federal High Court in Abuja on September 2, 2024.
They were accused of committing the offense during the nationwide #EndBadGovernance protest.
What Transpired in Court
According to the charge sheet marked FHC/ABJ/CR/454/2024, the IGP’s counsel, Simon Lough SAN, accused the ten defendants and others now at large in Abuja, FCT, Kaduna, Kano, and Gombe, of working with Wynne (aka Andrew Povich) with the intent to destabilize Nigeria and intimidate the president by allegedly attacking and injuring police officers and burning police stations, the High Court Complex, NCC Complex, among others.
The police stated that by inciting mutiny and calling on the military to take over the government from President Bola Ahmed Tinubu, they contravened Nigeria’s laws.
The police further stressed that the defendants “within the jurisdiction of this court, while acting in concert with Andrew Martin Wynne (aka Andrew Povich), a British citizen, with intent to destabilize Nigeria, and to remove, otherwise than by constitutional means, the president of the Federal Republic of Nigeria, mobilized their members to force their way into Abacha Army Barrack, Government House Kano, destroyed the High Court, Printing Press, and NCC Complexes in Kano, and attacked and injured police officers in Nyanya and burnt down police stations, thereby committing an offense contrary to Section 412 of the Penal Code.”
Lough also told newsmen that the Briton allegedly sold a book titled “Revolution is the Choice of the People” for N200, which, according to him, served as an instigation among the protesting population. He displayed the said book to newsmen.
However, the defendants pleaded not guilty to the charges and their lawyers seized the moment to ask the court to grant them bail on liberal terms.
Abubakar Marshal, counsel to some of the defendants, orally opposed the remand of his clients. He argued that no matter how heinous a crime is, a presumption of innocence still hangs over the defendants until proven otherwise.
Other lawyers aligned with his submission, citing the pregnancy of one of the women and the health conditions of others.
Simon Lough opposed the application for bail, stating that the court’s discretionary powers have to be used judiciously and judicially as provided by law. He argued that bail can only be granted in exceptional circumstances where evidence supports it.
“There is nothing before the court to show that any of the defendants have health challenges,” he said.
The judge subsequently fixed September 11 for ruling on the bail application and possible hearing of the case.
As contained in the charge sheet, the IGP intends to field police officers who “forensically analyzed all the telephone numbers” of the defendants to testify as to how the defendants and others at large allegedly conspired and committed the offenses.
More Insights
The development follows an application filed by Senior Advocate of Nigeria, Femi Falana SAN, which had asked the Federal High Court in Abuja to quash a 60-day remand order against 49 Nigerians who engaged in a “peaceful protest” against the looting of public funds in Nigeria recently.
Falana filed the motion on notice in suit number FHC/ABJ/CS/1223/2024 on August 26, 2024, on behalf of Comrade Opaluwa Eleojo and 48 others who are currently remanded pending the conclusion of the police investigation regarding alleged terrorism.
The remand order followed an application filed by the Inspector General of Police against the respondents.
Justice Emeka Nwite had, on an ex-parte motion filed by the IGP’s lawyer, Ibrahim Mohammed, approved the police’s request to remand the protesters pending the conclusion of the investigation.
Mohammed accused the defendants of alleged terrorism financing aimed at overthrowing the government in power.
The judge equally ordered the underaged defendants to be remanded in the Borstal Home of the correctional center.
The case was then adjourned till October 23 for mention.
However, Falana filed a motion (dated August 26, 2024) and seen by Nairametrics. He asked the court to set aside, discharge, and vacate the ex-parte order for the remand of his clients. In the alternative, he urged the court to grant bail to the applicants on liberal terms pending the completion of the investigation being conducted by the IGP.
