The Federal High Court in Abuja has ordered the arrest of a British citizen named Andrew Martin Wynne and other Nigerians for allegedly causing disaffection against President Bola Tinubu’s government and engaging in terrorism.
Justice Emeka Nwite approved the arrest warrant in an ex parte motion filed by the Inspector General of Police (IGP).
The IGP accused ten Nigerian protesters of acting in concert with Andrew Martin Wynne to plot the removal of President Bola Tinubu by unconstitutional means, among other allegations.
What Transpired in Court
IGP’s counsel, Barrister Audu Garba, appeared on September 3, 2024, seeking a court order to issue a warrant of arrest against Andrew Martin Wynne (aka Andrew Povich), Lucky Ehis Obiyan, and Comrade Abdullahi Musa, who are fleeing defendants in a case of conspiracy, treason, incitement to mutiny, incitement of disaffection against the government, terrorism, and other related charges.
He also sought an order declaring them wanted over the allegations.
According to the investigation conducted so far, the police states that the fleeing defendants were allegedly responsible for planning and coordinating the invasion and burning down of the High Court Complex, the NCC police station in Nyanya, Abuja, complexes in Kano, the Kano Printing Press, the Government House in Kano, the Kaduna Investment and Promotions Agency office, the NURTW office, and several other buildings in August 2024.
He stated that others at large are being tracked for arrest, hence his application.
“The arrest, investigation, and prosecution of the fleeing defendants, who are now on the run, will only be possible if this honorable court issues a warrant of arrest for their apprehension and declares them wanted,” he prayed, urging the court to grant the request in the interest of justice to enable all police officers of the Nigeria Police Force and other security agencies to use their mechanisms to secure the lawful arrest of the fleeing defendants.
After hearing his submission, Justice Emeka Nwite granted the request, describing it as “meritorious.”
What You Should Know
In a charge sheet read to Michael Tobiloba Adaramoye and nine others at the Federal High Court in Abuja on September 2, 2024, ten Nigerians were accused of committing offenses during the nationwide #EndBadGovernance protest.
According to the charge sheet marked FHC/ABJ/CR/454/2024, IGP’s counsel, Simon Lough SAN, accused the ten defendants and others now at large, in Abuja FCT, Kaduna, Kano, and Gombe, of working with Wynne (aka Andrew Povich) with the intent to destabilize Nigeria and intimidate the president by allegedly attacking and injuring police officers and burning police stations, the High Court Complex, the NCC Complex, among others.
The defendants pleaded not guilty to the charges and seized the moment to ask the court to grant their clients bail on liberal terms.
Abubakar Marshal, counsel to some of the defendants, orally opposed the remand of his clients.
He argued that no matter how heinous a crime against a defendant is, a presumption of innocence still hangs over them until proven otherwise.
Other lawyers aligned with his submission, citing the pregnancy of one of the women and the health conditions of others.
Simon Lough opposed the application for bail, saying the discretionary powers of the court must be used judiciously and judicially as provided by law.
The judge subsequently fixed September 11 for ruling on the bail application and possible hearing of the case, while remanding the defendants.
This development follows an application filed by Senior Advocate of Nigeria, Femi Falana SAN, which asked the Federal High Court in Abuja to quash a 60-day remand order against 49 Nigerians who engaged in a “peaceful protest” against the looting of public funds in Nigeria recently.
Falana filed the motion on notice in suit number FHC/ABJ/CS/1223/2024 on August 26, 2024, on behalf of Comrade Opaluwa Eleojo and 48 others who are currently remanded pending the conclusion of the police investigation regarding alleged terrorism.
The remand order followed an application filed by the Inspector General of Police against the respondents.
Justice Emeka Nwite, based on an ex parte motion filed by IGP’s lawyer, Ibrahim Mohammed, approved the police’s request to remand the protesters pending the conclusion of the investigation.
Mohammed accused the defendants of alleged terrorism financing aimed at overthrowing the government in power.
The judge also ordered that the underage defendants be remanded in the Borstal Home of the correctional center.
The case was then adjourned till October 23 for mention.
But Falana filed a motion (dated August 26, 2024) and seen by Nairametrics.
He asked the court to set aside, discharge, and vacate the ex parte order for the remand of his clients.
In the alternative, he urged the court to grant bail to the applicants on liberal terms pending the completion of the investigation being conducted by the IGP.