The Federal Government of Nigeria has been heavily criticized for what has been described as “executive lawlessness” following the filing of treasonable felony charges against several #EndBadGovernance protesters. Senior legal practitioners and civil society organizations have condemned the government’s actions, arguing that the charges are intended to deter Nigerians from exercising their right to protest against policies that have caused widespread suffering.
On Monday, no fewer than 10 protesters were arraigned before Justice Emeka Nwite at the Federal High Court in Abuja. These individuals, arrested during protests in Abuja, Kaduna, Kano, and Gombe, stand accused of waging war against the state by attempting to intimidate the President. The charges allege that the protesters attacked and injured police officers, and vandalized properties, including police stations, the Nigerian Communications Commission complex, and the Kano printing press, during the protests held between August 1 and 10.
The protests were fueled by growing public discontent over the removal of the fuel subsidy, an increase in electricity tariffs, and the soaring cost of living. The demonstrations resulted in significant unrest, with reports indicating that at least 17 people were killed in various states, including Abuja, Kano, Niger, Borno, Kaduna, and Jigawa. Additionally, 1,135 individuals were arrested in connection with the protests.
Despite the serious nature of the accusations, the 10 arraigned protesters pleaded not guilty to the six counts leveled against them under suit FHC/ABJ/CR/454/2024.
Reacting to the charges, prominent legal practitioners have warned the Federal Government against misusing the charge of treason to suppress dissent. Human rights lawyer Jiti Ogunye criticized the government for what he described as “unseriousness and recklessness,” arguing that the security agencies were displaying a dangerous tendency to label protests as treasonous. Ogunye’s remarks reflect broader concerns that the government’s approach could undermine democratic principles and the right to peaceful protest in Nigeria.
According to Ogunye, President Bola Tinubu’s administration was displaying lawlessness by branding the protesters as wanting to topple the government.
He said the charge was a futile effort, stating that the government could not secure any conviction on the case.
Ogunye said, “Historically, every administration we’ve had in Nigeria, since the colonial era, has unfortunately treated dissents and political opposition as criminal and treasonable. But they didn’t succeed in the accusations.
“Treason has become commonplace, and I am worried that protests and civil disobedience could be branded as treason or treasonable felonies.
“I was not expecting the Attorney General of the country to do that because it is a futile effort. They can never get any conviction based on treason. Treason is the height of crimes in Nigeria.”
According to him, freedom of expression is an essential element of democracy, noting that exercising that right shouldn’t be branded as treason.
“When you are building a democratic society, and you want to deepen it, the concomitant of it is the right to freedom of expression, which includes protest.
“The exercise of that right ought not to lead to a hasty and unthinking resort to treason or treasonable felony. It’s too cheap,” he added.
He warned the government not to make treason a cheap offence.
“The impression they are creating is that the administration is not loved, and people want to overthrow a government that is not up to two years old.
“The government is just recklessly and unthinkingly branding dissent and protest as treasonous conduct. It is unreasonable and reckless on the part of the government agents who are doing these things.”
A Senior Advocate of Nigeria, Isiaka Olagunju, expressed doubt about the ability of the prosecutors to prove the treasonable charge against the protesters.
He said the allegations against the accused persons would depend on the proof of evidence against each of them.
A legal practitioner and academic, Timothy Tugbiyele, said protests could not be classified as treasonable.
Tugbiyele, who claimed to have lectured the present Attorney General of the Federation, Lateef Fagbemi, stressed that the current legal actions against the demonstrators were an attempt by the Federal Government to discourage Nigerians from protesting.
In a video that went viral on social media, Tugbiyele appealed directly to Fagbemi to withdraw the charges against the protesters.
He stated, “I believe these demonstrators are being tried for treason just to deter other Nigerians from demonstrating. Demonstrators claimed that they were protesting against hunger in the land which is real to many Nigerians. They said they were demonstrating against bad governance, so, when and how can demonstration against bad governance and hunger in the land turn to treason?
“Chief Lateef Fagbemi, as your senior at the Bar and as someone who has been practising law since 1980, I am respectfully asking you to reconsider these charges. Demonstration is not treason.”
Another SAN, Yusuf Ali, said no country would allow any violent protest under any guise, noting that the right to (peaceful protest) was constitutionally guaranteed.
“The right to peaceful protest is guaranteed, but there is no country where people will go to protest and kill other people and destroy property,” he stated.
In his view, a former Chairman of the Section on Public Interest of the Nigerian Bar Association, Monday Ubani, said the court would discharge and acquit the accused persons if the government could not present convincing evidence.
According to Ubani, the law would have to take its course for any protester who embarked on the destruction of property during the demonstration.
He emphasised that treason was a crime that demanded serious evidence before conviction.
CSOs demand withdrawal of charges
The Committee for the Defence of Human Rights asked the Federal Government to stop the prosecution of the protesters, adding that the violence that greeted the #EndBadGovernance protest was a result of dereliction of duty on the part of security agencies.
The President of the group, Debo Adeniran, argued that the treason accusation against the protesters lacked substance, warning that security agents should not hold the demonstrators responsible for their failure in intelligence gathering.
