The continued detention of Aminu Sanda, popularly known as Aminu Nesta, in Abuja for nearly four weeks has triggered legal questions over the treasonable felony charge brought against him in connection with the alleged destruction of campaign billboards bearing the image of President Bola Ahmed Tinubu.
Aminu, a resident of Katsina State, was arrested over allegations that he destroyed the billboards and was subsequently transferred to Abuja, where he has remained in custody. He has denied the allegations.
His prolonged detention has also become a source of concern for his family, who said his absence was affecting his children and disrupting his business activities.
According to Daily Trust, Aminu was arrested alongside Governor Dikko Rada’s Aide-de-Camp, SP Abdulganiyu Bello, and the Chief Security Officer, DSP Hassan Bello. The trio were subsequently taken to the police headquarters in Abuja for questioning.
The arrests generated political discussions in Katsina, particularly among opposition figures and some stakeholders within the All Progressives Congress (APC). Some questioned whether the development pointed to an emerging disagreement between the state chapter of the party, led by Governor Rada, and influential APC members from Katsina based in Abuja, including the Special Adviser to the President on Political Affairs, Ibrahim Masari.
Maiwada Danmalam, the governor’s Director General of Media, however, dismissed the speculation, saying he was not aware of any political disagreement between his principal and Masari.
Beyond the political dimension, legal practitioners have raised concerns about the appropriateness of the treasonable felony allegation against Aminu and whether the court before which he was brought has the jurisdiction to handle the matter.
A lawyer, A.D Umar, questioned the basis of the charge, saying the circumstances surrounding the billboard allegation appeared to have a political undertone.
Umar said information available in the public domain raised doubts about whether the alleged destruction of the campaign materials met the legal requirements for a treasonable felony charge.
He maintained that the destruction of political campaign materials could not, in the absence of evidence establishing the statutory elements of treasonable felony, be regarded as an attempt to overthrow or unlawfully remove the President.
“Looking at the political nature of the allegations against Aminu Sanda, I believe the charges brought against him are inappropriate. There has to be a clear connection between the alleged act and the ingredients of the offence with which the suspect is being charged. The mere destruction of a billboard cannot, on its own, be equated with an attempt to overthrow the government,” Umar said.
The lawyer also questioned the jurisdiction of the magistrates’ court before which Aminu was brought, arguing that such a court lacks jurisdiction to try a treasonable felony charge.
He added that any question concerning bail in a matter of that nature falls within the jurisdiction of the high court.
‘How does billboard destruction constitute treasonable felony?’
Human rights lawyer, Hameed Ajibola Jimoh, also expressed surprise at the charge, questioning how the alleged removal of a billboard could amount to treasonable felony.
“It’s shocking that removing a billboard would amount to a treasonable felony,” a human rights lawyer, Hameed Ajibola Jimoh, told Daily Trust.
“Felony has a definition. Treason also has a definition. Removing a billboard is political,” he said.
Jimoh acknowledged that the circumstances surrounding the allegation could potentially raise other legal questions, but said the connection between the alleged conduct and treasonable felony remained unclear.
He said, “Such does not, to the best of my knowledge, amount to a treasonable felony, except we look at the section under which they are charging the person and what the law says.”
A constitutional lawyer based in Katsina, who spoke on condition of anonymity because of the sensitivity of the matter, similarly said the alleged destruction of a presidential campaign billboard could not automatically be classified as treasonable felony.
“Simply destroying a billboard displaying the current President’s image or message would not, by itself, constitute a treasonable felony under Nigerian law,” the lawyer said.
The lawyer explained that a treasonable felony charge requires specific legal elements. These, according to him, could include an intention to remove the President from office through unconstitutional means, levying war against the state for specified purposes, or instigating a foreign armed invasion, alongside the required overt act.
He said factors such as ownership of the billboard, the circumstances and method of its alleged destruction, the accused person’s intention and other surrounding facts would be relevant in determining the appropriate offence.
“There is a major difference between saying: ‘He destroyed the President’s billboard,’ and saying, ‘He destroyed the billboard as part of an organised attempt to overthrow or remove the President by unconstitutional means.’
“While the second situation could potentially raise issues under the treasonable felony provisions, the first, standing alone, ordinarily does not,” he added.
According to the lawyer, the alleged conduct could, depending on the facts established, amount to other offences. These could include willful or malicious damage to property, destruction of government property where applicable, criminal trespass or offences provided for under relevant state laws.
An Abuja-based legal practitioner, Barrister Abdurrahman Salis, described the treasonable felony charge against Aminu as “surprising”. He argued that the alleged removal of President Bola Tinubu’s billboard did not, on the face of the allegation, fall within the legal definition of treasonable felony.
“It is surprising. It would be surprising not only to a lawyer but even to a law student to see this kind of charge pressed against a person alleged to have pulled down the President’s billboard in Katsina State,” Salis stated.
He stressed that treason and treasonable felony are distinct offences under Nigerian law and said both relate to conduct considerably more serious than the alleged destruction of campaign billboards.
“Under our laws, for an act to constitute an offence, it must be defined by law. The elements of that offence must be stated by law and the punishment must also be provided,” he said.
Salis said treasonable felony could arise from conduct involving an intention to unlawfully remove the President or a state governor outside constitutional procedures, an intention to wage war against Nigeria, or participation in efforts to instigate an armed invasion of the country.
“Under the treasonable felony provisions that we are talking about, there is nowhere that pulling down a presidential billboard is mentioned as a treasonable felony,” he said.
“If you look at it critically, pulling down a presidential billboard does not qualify as a treasonable felony under our laws.”
While acknowledging that the alleged conduct might constitute another offence depending on the facts presented before the court, Salis maintained that such an offence would be different from treason or treasonable felony.
Meanwhile, Aminu’s wife, Safiyya, said her husband’s prolonged absence had taken a toll on the family, particularly their children. She said the family had also experienced difficulties meeting its basic needs since his arrest.
“His absence has negatively affected our way of life. Our 11-year-old daughter always asks when her father is coming back home,” she said.
Aisha, who spoke about missing her father, also appealed to the authorities for his release.
“I miss my father very much. Since he was taken away, things have not been the same at home. I want my father to come back home because we need him. Please, let my father come back to us,” she said.
Aminu’s elder brother, Ibrahim Umar Sanda, said his arrest occurred shortly after he received a telephone call, explaining that security personnel in plain clothes arrived soon afterwards and took him away.
“He received a phone call and, shortly after the call, some security personnel in plain clothes came and took him away,” he said.
Ibrahim said Aminu was first taken to the Katsina State Police Command before being transferred to Abuja, where he was subsequently arraigned.
His younger brother, Aliyu Sanda, meanwhile, said the detention had also affected the family’s carpentry business, with the workshop becoming largely inactive following Aminu’s arrest.
“The workshop has stopped operating because of his absence. We have been trying to keep things going, but we do not have the capacity and resources to run it effectively as he used to,” Aliyu said.
