Judiciary
…calls judiciary agent of oppression
THE Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the punitive and excessive bail conditions imposed on 10 #EndBadGovernance protesters by the Federal High Court in Abuja. The association expressed its deep disappointment, stating that the courts are increasingly behaving like colonial agents, wielding their powers not to protect the rights of the people but to oppress and criminalize peaceful protests.
The case in question, which involves 10 Nigerians accused of treason, has sparked outrage across the country, particularly due to the stringent bail conditions set by Justice Emeka Nwite. Each defendant was granted bail with a requirement of ₦10 million, alongside a surety of the same amount who must be a resident and property owner in Abuja. Additionally, the sureties were required to deposit property documents with the court and swear an affidavit of means. These conditions, according to HURIWA, are unjust, oppressive, and reflective of a judiciary increasingly subservient to the executive arm of government.
In a statement issued by HURIWA, the group likened the actions of the Federal High Court to the oppressive methods used by colonial authorities to suppress the voices of Nigerians during the pre-independence era. “The courts are behaving like colonial vestiges, playing the role of agents of oppression rather than defenders of justice and fundamental rights. How can a court of law, in a democratic setting, criminalize peaceful protests and impose such toxic, intolerable bail conditions on young Nigerians exercising their constitutional rights?” the statement read.
HURIWA pointed out that the individuals being prosecuted are mostly unemployed youths who took to the streets to demand good governance, accountability, and transparency—values enshrined in the constitution. “These young Nigerians, many of whom are unemployed, were exercising their democratic right to protest against bad governance. Yet, instead of being treated as patriots fighting for a better Nigeria, they are being treated like criminals, rounded up, and now expected to pay ₦10 million each in bail,” HURIWA lamented.
The association further criticized the bail conditions as an indirect way of ensuring that the protesters remain in detention. “By imposing such outrageous conditions, the court is essentially denying them bail. Where would unemployed youths get ₦10 million from? These bail terms clearly show that the judiciary has no intention of allowing these protesters to go free,” HURIWA said.
The court’s decision, according to HURIWA, not only undermines the principles of democracy but also emboldens the executive to further clamp down on peaceful protests. “There is nothing inherently criminal about protesting. Protest is a cornerstone of democracy. The moment you suppress the right to protest, you are effectively killing democracy. What the court has done is play into the hands of the authoritarian executive that is taking shape in Nigeria,” HURIWA warned.
HURIWA also raised concerns over the independence of the judiciary, stating that the courts are fast becoming tools of the executive to stifle dissent and silence opposing voices. “The judiciary should serve as an independent arm of government, standing as the last bastion of hope for the common man. Unfortunately, recent rulings, including this one, suggest that the judiciary is aligning itself with the authoritarian tendencies of the executive. When the courts begin to behave as agents of the executive, the very foundation of our democracy is at risk,” the group cautioned.
The association warned the judiciary to be mindful of its actions, as politicians come and go, but the courts and the people remain. “The courts must remember that they exist to serve the people, not the political elite. Politicians may come and go, but the courts remain, and the sovereignty of Nigeria belongs to the people. When the courts act as enforcers of the executive’s oppressive agenda, they risk losing their credibility and integrity. The courts must remain neutral and on the side of justice.”
HURIWA also criticized the charges against the protesters, describing them as trumped-up and politically motivated. “The so-called charges of treason and conspiracy to destabilize the country are baseless. These protesters were simply advocating for good governance, which is not a crime under the constitution. If the judge acknowledges that these are bailable offenses, why then impose such draconian conditions? This only serves to erode the credibility of the judiciary.”
The association expressed its regret that such actions are being taken by the judiciary, stating that it is a reflection of a larger issue of the courts being used to restrict fundamental human rights. “It is deeply regrettable that the courts are being used as instruments to undermine the enjoyment of constitutionally protected rights. These bail conditions are in no way consistent with the tenets of democracy and justice. They are reflective of a judiciary that is complicit in the erosion of fundamental freedoms.”
In its concluding remarks, HURIWA called on the leadership of Nigeria’s judiciary to take immediate steps to address the growing trend of courts issuing rulings that align with the executive’s oppressive policies. “The hierarchy of the nation’s judiciary must call judges to order. The judiciary must not see itself as subservient to the executive. It is high time the judiciary reasserts its independence and refuses to be used as a tool to emasculate the fundamental freedoms of Nigerians.”
The association also referenced past judicial rulings that restricted peaceful protests to specific locations, such as the National Stadium in Abuja and selected places in Lagos, as further examples of how the judiciary is being weaponized against the people. “This is not the first time the courts have restricted the rights of citizens. HURIWA condemned the court orders that confined peaceful protests to designated locations like the National Stadium in Abuja and limited areas in Lagos. The courts should not be used to limit the enjoyment of constitutionally guaranteed rights.”
In a final note, HURIWA reaffirmed that protest is an inalienable right of citizens in a democracy. “The right to protest is non-negotiable. It is an integral part of any democratic society. The courts must uphold this right, not undermine it. We demand that the courts immediately review these bail conditions and release the protesters without further delay. The Nigerian government must also cease its crackdown on lawful demonstrations if it hopes to sustain its democratic credentials.”
HURIWA emphasized that the judiciary should never be seen as a tool for suppressing the voice of the people. It must always remain an independent arbiter of justice, safeguarding the rights of every Nigerian citizen. The association called for the immediate release of all detained protesters and the dropping of all charges against them.
12th September, 2024.
C.E.
Tags: HURIWA
