UPDATED: Court dismisses treasonable charge against 119 #EndBadGovernance protesters

Justice Obiora Egwuata of the Federal High Court sitting in Abuja on Tuesday terminated the treason charges brought against the #EndBadGovernance protesters by the Inspector General of Police.

Justice Egwuata delivered the judgment following the decision of the Federal Government to withdraw the charges against defendants in suits marked: FHC/ABJ/CR/503/2024 and FHC/ABJ/CR/527/2024.

Counsel for the Prosecution, who is also the Director of Public Prosecutions (DPP), M. D. Abubakar, said in line with Sections 174 and 266 of the Administration of Criminal Justice Act, the Attorney-General of the Federation can take over any matter as well as discontinue it.

The prosecution had earlier asked the court to waive the issue of absence of the defendants in court and continue proceedings.

Counsels for the defendants, Femi Falana and Dantinin Kyari, did not oppose the applications, saying it is also in line with the Child Rights Act.

Justice Egwuata subsequently dismissed both suits.

Recall that about five of the defendants, who are a mixture of teens and adults, had on Friday, November 1, 2024, collapsed a few minutes after the commencement of proceedings for their arraignment.

Shortly after the first batch was called, the defendants were mounting the dock when some of them suddenly fell down, causing confusion in court, a development that prompted the judge to suspend proceedings.

Their counsel had blamed the development on hunger and ill health on the part of the defendants.

In some of the counts in the charge, the defendants were alleged to have, “while acting in concert with Andrew Martin Wynne (aka Andrew Povich), a British citizen, with intent to destabilise Nigeria, levied war against the state in order to intimidate or overawe the President by attacking and injuring police officers and burning police stations, High Court complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and Promotions Agency office, NURTW office, and several other buildings, thereby committing an offense contrary to Section 410 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 2004.”

“While acting in concert with Andrew Martin Wynne (aka Andrew Povich), a British citizen, with intent to destabilise Nigeria, incited mutiny by calling on the military to take over government from President Bola Ahmed Tinubu by chanting ‘Tinubu must go’, ‘soja muskeso’ (meaning Tinubu must go), ‘it is military we want’, while rioting and disturbing public peace, thereby committing an offense contrary to Section 413 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 2004.

“Between August 1, 2024, to August 10, 2024, in FCT, Jos, Kano, Kaduna, Gombe, Katsina, and many other states, while acting in concert with Andrew Martin Wynne (aka Andrew Povich), a British citizen, with intent to destabilise Nigeria, incited disaffection to the government by inciting public disturbance while carrying placards with the inscription ‘end bad government’ and several other inscriptions to incite disaffection to the government, thereby committing an offense contrary to Section 416 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN.

“With intent to break down law and order in the above states, inciting the Nigerian military, the Russian government, and other Western countries to topple the democratically elected President of the Federal Republic of Nigeria, His Excellency President Bola Ahmed Tinubu, and other state governors using Russian flags and other flags of other countries in violent protest against law and order, claiming that Nigeria is not safe and calling for the suspension of democracy in the Federal Republic of Nigeria.”