#EndSARS Protesters Released After Four Years in Custody

On August 23, 2024, a significant legal development occurred when a Lagos State Magistrate Court in Ogba discharged six men who had been imprisoned for nearly four years following their arrest during the 2020 #EndSARS protests. The defendants, recognized as Daniel Joyinbo, Adigun Sodiq, Kehinde Shola, Salaudeen Kamilu, Sodiq Usseni, and Azeez Isiaka, were freed by Magistrate Bolanle Osunsanmi after they entered guilty pleas to a revised charge.

The charge, which was amended and dated August 23, 2024, accused the defendants of behaving in a manner that could cause a breach of peace, a violation of Section 168(d) of the Criminal Law of Lagos State, 2015. The alleged incident took place on November 23, 2024 at approximately 12 PM in the Ebute Metta area of Lagos.

Dr. Babajide Martins, the Director of Public Prosecutions, articulated the prosecution’s case, stating that the defendants’ actions posed a potential threat to public order, which is punishable under state law. According to the legal framework, the penalty for conduct likely to cause a breach of peace may result in up to three months of imprisonment or a fine of 15,000 Naira, with the court holding discretion over the imposition of either or both penalties.

Upon admitting their guilt, Magistrate Osunsanmi sought clarification from the defendants regarding their understanding of the plea and its implications. They affirmed their comprehension of the situation, including the possibility of receiving the maximum sentence for their charge.

While the prosecution recommended a sentence in line with the guilty plea agreement, the defense counsel, T.D. Ojeshina, made a heartfelt appeal for leniency. He highlighted that these young men were first-time offenders who had already endured extensive time in custody. Ojeshina emphasized their roles as primary earners for their families and noted the hardships they had faced during their incarceration. He urged the court to consider their circumstances and show mercy.

After weighing the arguments from both sides, Magistrate Osunsanmi acknowledged the lengthy duration of imprisonment already served by the defendants. She recognized that they had exceeded the maximum penalty for their offenses and thus decided to discharge them. In her ruling, she stated, “In light of the fact that these men have been in prison for nearly four years, I find them guilty as charged but will discharge them as they have already spent more than the required term of punishment.”

Before their release, the magistrate issued a serious warning to the six men, reminding them of the gravity of their actions and the importance of adhering to the law in the future. This case highlights the ongoing legal ramifications stemming from the #EndSARS protests, which have had a profound impact on Nigerian society and governance.