Ayodele Kusamotu: Treatment of #EndBadGovernance minors paints Nigeria as a barbaric place

Ayodele Kusamotu, chairman of Kusamotu & Kusamotu, says the treatment of minors arraigned for allegedly participating in the #EndBadGovernance protest paints Nigeria as a barbaric nation.

In a statement on Saturday, Kusamotu said the situation will cause foreign investors to evade the country because of a lack of trust.

The defendants, mostly minors, face charges of treason for waving Russian flags during the protest.

On Friday, they were arraigned before an Abuja federal high court. Most of the children looked ill and malnourished while a few collapsed in court.

The situation triggered criticism from many Nigerians who accused the federal government of violating their human rights.

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.

Reacting to the development, Kusamotu said while the bail offer was appreciated, the question of whether the defendants could meet the terms remained to be asked.

“Is bail useful if the conditions are so difficult that the accused is unable to meet the terms?” the lawyer asked.

“We were taught in law school that the intention of bail is to ensure that the defendants show up for their trial and nothing else.”

Kusamotu said the situation shows that Nigeria has moved into a space where criminal prosecution is now weaponised.

“This psychological war which has been ongoing from time immemorial confirms that ‘absolute power corrupts absolutely’,” the lawyer said.

“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.

“It is not surprising that the foreign investor is elusive and other major investors are fleeing the country when the optics show even Nigerians being maltreated.

“We have collectively failed these children. This sorry scene is descriptive of the abysmal level that our country has fallen into.”

Kusamotu urged Nigerians to be active citizens in the pursuit of justice.

FULL STATEMENT BELOW:

Eternal vigilance is the price of liberty; power is ever stealing from the many to the few,” he said. “Only by continued oversight can the democrat in office be prevented from hardening into a despot; only by unintermitted agitation can a people be sufficiently awake to principle not to let liberty be smothered in material prosperity.” – Wendell Phillips,an American Abolitionist and liberal activists said to the Massachusetts Anti – Slavery Society in 1852. 

On the 2nd November 2024, we saw tramautic 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 bad governance protests that rocked the country between 1st and 10th 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 circumstance 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 the intention of bail  is 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. Prosecution 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 on going from time immemorial confirms that ‘absolute power corrupts absolutely’. By abusing prosecutorial powers activists are whipped into line at 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 level Binance 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 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 out- 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. 

Dear reader, the duty rests on our shoulder. Even if we do nothing, we should resent the happenings in our soul. We must begin the interlocution. We must exchange ideas. That is a start. 

Until next week, GOD be with us till we meet again… out.