Ayodele Kusamotu, chairman of Kusamotu & Kusamotu, says the treatment of minors arraigned for allegedly participating in the #EndBadGovernance protest paints was a strong indication that the country was turning into a fascist state under the current administration.
In a statement Kusamotu on Saturday, condemned the bail condition handed over to the minors by the judge, noting that Nigerians should be worried about the stringent condition because it was obvious the minors could not meet them.
The #EndBadGovernance protesters, including minors, were arraigned in court on Friday. Two of the minors slumped in the courtroom.
Obiora Egwuatu, the presiding judge, granted N10 million bail to the defendants, adding that they must provide two sureties in like sum.
Egwuatu said one of the sureties must be a civil servant of grade level 15 or higher, with a verifiable address within the court’s jurisdiction, while the other surety must be a parent of the defendant.
Most of the children looked ill and malnourished while a few collapsed in court.
Many Nigerians, including lawyers, have faulted the arrangement and blasted the Federal Government, under the leadership of President Bola Ahmed Tinubu.
Speaking further, Kusamotu said the bail condition was a mockery of the court process, stressing that it could send a message to the international community that Nigeria is a barbaric nation.
In the statement, Kusamotu said the situation will cause foreign investors to evade the country because of a lack of trust.
According to the statement, “On the 2nd November 2024, we saw traumatic images of malnourished minors being arraigned for treason before Justice Obiora Egwatu of the Federal High Court.
“The images brought people to tears when some of them collapsed in court. They allegedly participated in the end of bad governance protests that rocked the country between the 1st and 10th of August 2024.
“They had been incarcerated for months in terrible conditions. Honourable Justice Obiora Egwuatu finally yielded and granted them bail in the sum of N 10,000,000 amongst other conditions. Treason is a very grievous offence and as far as can be understood, the penalty is death. We must be thankful that the Judge was magnanimous in granting them bail.
“Bail is a constitutional right, the question Nigerians should ask is whether these children from their circumstances can fulfil the bail conditions.
“Is bail useful if the conditions are so difficult that the accused is unable to meet the terms? We were taught in law school that bail intends to ensure that the defendants show up for their trial and nothing else.
“Nigeria has moved into a space where criminal prosecution is now weaponised. Prosecutions can not take place without going through the court process. Regardless of the strength of the charges, defendants who are arraigned before a Nigerian court will be remanded in a correctional centre.
“This psychological war which has been ongoing from time immemorial confirms that ‘absolute power corrupts absolutely’. By abusing prosecutorial powers activists are whipped into line at the lowest court in the hierarchy, right through to the superior courts of record. It is time to demand for reform.
“These actions are not only desensitising Nigerians, but they also paint our country as a barbaric place. Earlier in the week, Mr Tigran Gambaryan, a mid-levelBinance employee was released after facing months of horrific trial for money laundering and the unending denial of bail by the court.
“Photos of him limping with crutches were plastered all over the news. It is not surprising that the foreign investor is elusive and other major investors are fleeing the country when the optics show even Nigerians have been maltreated.
“We have collectively failed these children. This sorry scene is descriptive of the abysmal level that our country has fallen into. We have only one country and more importantly one life. We should make the journey worth it and stand on the side of truth. The admonition to love our neighbour as ourselves is very instrumental here.
“The Nigerian situation reminds us of fascist Germany when Martin Niemoller warned ‘First they came for the socialists, and I did not speak out – because I was not a socialist.
“Then they came for the trade unionists, and I did not speak us- because I was not a trade unionist. Then they came for the Jews, and I did not speak out, because I was not a Jew. Then they came for me- and there was no one left to speak for me”.
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