The President Bola Tinubu-led administration arrainged Adebayo, Shuaibu and Aminu before the court in two-count charge marked FHC/KD/279C/2024 bordering on criminal conspiracy and Unlawful Assembly, an offense said to be contrary to Section 70 of the Criminal Code Act, Cap. C.28, Laws of the Federation of Nigeria, (LFN) 2004.
Three detained #EndBadGovernance protesters, Usman Isa Adebayo, Salihu Shuaibu and Khalid Aminu have filed a motion for their bail at the Federal High Court in Kaduna Judicial Division.
The President Bola Tinubu-led administration arrainged Adebayo, Shuaibu and Aminu before the court in two-count charge marked FHC/KD/279C/2024 bordering on criminal conspiracy and Unlawful Assembly, an offense said to be contrary to Section 70 of the Criminal Code Act, Cap. C.28, Laws of the Federation of Nigeria, (LFN) 2004.
In the charge, the activists were accused of unlawfully conspiring to organise and participate in an unauthorised public assembly tagged "End Bad Governance" protest, sometime on or about 4th August, 2024.
They were accused to have engaged during the protest in acts intended to disrupt public order by mobilising persons through loud "music, chanting, sewing and displaying of the Russian coloured flags, Jerseys and headbands which were calculated to incite public disunity and undermine national cohesion. Your actions created a chaotic environment that enabled the looting and destruction of government offices, public and private properties as well as attack of members of the public, these actions constitute Criminal Conspiracy contrary to Section 516 of the Criminal Code Act, Cap. C.28, Laws of the Federation of Nigeria, (LFN) 2004."
In the second count, the activists who were between the ages of 28 and 30, were accused of unlawfully gathering in Kaduna metropolis and engaging in a protest which led to "disruption of the citizens' daily activities while displaying items such as shirts which facilitated the promotion of disloyalty and contributed to public disorder and created an opportunity for the looting of government offices and attack on officers of security agencies," and thereby "committed the offence of Unlawful Assembly contrary to Section 70 of the Criminal Code Act, Cap. C.28, Laws of the Federation of Nigeria, (LFN) 2004."
However, on Friday the activists through their legal representative filed a 19 paragraph affidavit in support of motion on notice for bail before the court.
Khalid Aminu's father, Alhaji Aminu Idris, avowed that his son, an engineer did not commit any of the criminal offences the federal government alleged he had committed.
He insisted that he had never been charged or convicted of any criminal offence before now; stating that he is a law-abiding citizen, dedicated to achieving excellence and has never committed or been convicted of any criminal offence in or outside Nigeria;
"That the whole accusation of criminality is predicated on the sole fact that he was active in exercising his constitutional rights to assembly, association, movement and thought among others, guaranteed by the 1999 Constitution and other international instruments Nigeria is privy to."
He stated, "On the 3rd day of August 2024, Khalid Aminu (herein referred to as the Applicant), my son, was apprehended by law enforcement authorities on grounds of purported participation in the End Bad Governance protest, alleged to be detrimental to the nation's peace and unity.
"The officers refused to give the Applicant the opportunity to contact anybody, including his legal representatives. I figured it was the Department of State Security as I was aware of their inviting him at an earlier time.
"I have been in communication with officers of the Department of State Security to gather information about the applicant's arrest and subsequent detention.
"I depose to this Affidavit from facts within my knowledge, facts obtained from the defendant, staff of the Department of State Security, the Applicant's counsel (I.U Wali), friends and other family members."
He added, "Since the Applicant's arrest, he has been denied the right to communicate with any individual, including his legal counsel, contravening his constitutional entitlements to legal representation and due process.
"Despite my persistent efforts to establish contact with the Applicant following his arrest, all attempts have proved futile, leaving me without any means of ensuring his legal representation and welfare during the ongoing legal proceedings.
"Reliable information conveyed to me by I.U Wali, counsel to the Applicant on the 3rd of October 2024 over the phone at around 11:05AM indicated that he was slated for arraignment before this Honorable Court on the 3rd of October 2024, leading me to attend the scheduled proceedings; however, the Applicant was not produced in court, and the matter was adjourned to the 10th of October."
"This application is promptly filed to exhibit our readiness to engage with the judicial process and adhere to all legal procedures directing the course of action.
"The Applicant is a dedicated Engineer employed at Kaduna Electric Engineering Department within this court's jurisdiction.
"The Applicant is a devoted family man, happily married with a child. Since his detention, I have shouldered the burden of responsibilities typically managed by him, causing strain on our family.
"The Applicant maintains a spotless record of adherence to the law, never being convicted of any offense, and professes his innocence vehemently before this Honorable Court."
He maintained that it is in the interest of Justice and protection of the Defendant/Applicant's fundamental rights as guaranteed by the Constitution of the Federal Republic of Nigeria 1999 As Amended, to grant this application in liberal terms to enable the applicant to meet the conditions and terms of bail.
"This Honourable Court has the inherent judicial powers to grant the instant application."