Rights activist Femi Falana, SAN, has issued a warning to the police, demanding that they charge detained protesters to court before August 25 or face legal action.
Falana, who chairs the Alliance on Surviving Covid-19 and Beyond (ASCAB), accused the authorities of obstructing the protesters’ access to legal representation, which led to their being held in prison.
In a statement titled “HALT THE CLAMPDOWN ON PROTESTERS,” Falana noted that out of 2,111 arrested suspects, 1,403 have been arraigned. He criticized the authorities for denying these suspects legal representation despite the Nigerian Bar Association’s offer to provide lawyers.
According to him, “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.
“The suspects were denied legal representation even though the Nigerian Bar Association had publicly announced its intention to provide lawyers to defend them.
“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.
“We submit that the decision the authorities to deny the suspects legal representation constitutes a violent breach of their fundamental right to fair hearing guaranteed by section 36 of the Constitution and article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“This is highly discriminatory and illegal on the ground that politically exposed persons who are arrested for looting the treasury to the tune of several billions of Naira are usually informed in advance of the dates and of their arraignment in the courts. Such highly placed suspected looters are always granted bail in liberal terms and even authorised by trial judges to travel abroad for medical treatment.”
On the arraignment, Falana said: “Whenever the suspects are going to be arraigned, they must be given adequate notice to be able to contact the Nigerian Bar Association, NBA, and their family members to make arrangements for their defence.
“However, 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.
