There are indications that the Federal Government may withdraw the treason charge filed by the police against over 100 protesters.
Attorney General of the Federation (AGF) and Justice Minister, Lateef Fagbemi (SAN), received the case files on the trial from the police yesterday and set about studying them immediately for action.
Fagbemi’s counterpart in the Ministry of Women’s Affairs, Imaan Sulaiman-Ibrahim, said separately that her ministry was “taking active steps” particularly over the detention of the children among the detainees.
The Police Force, responding to criticism over its arraignment of the minors, said it had violated no law in any way and claimed that contrary to the opinion in some quarters ,it had “worked to balance justice with compassion, ensuring that each suspect’s basic rights and privileges are respected, including access to medical care and other necessary provisions.”
The Police also said the law of the land allows for the arraignment of anyone from the age of seven.
A lawyer, Okoi Obla, agreed with the position, saying “our laws allow arraignment of teenagers for criminal offences.”
It was gathered that the police authorities handed the files to the minister yesterday as he had requested on Friday.
Sources said a team of lawyers from the Federal Ministry of Justice (FMJ), led by the Director of Public Prosecution of the Federation (DPPF) has already met with other parties in the matter on the way forward.
One of their agreements is for them to approach the court to have the cases, earlier adjourned till January 24 next year, rescheduled for sometime this week.
Although a formal application has not been filed, it was learnt that the team from the FMJ was considering terminating the cases.
The police had, on Friday, arraigned the defendants before a Federal High Court in Abuja on two separate charges, marked: FHC/ABJ/CR/503/2024 and FHC/ABJ/CR/527/2024.
The defendants were allegedly arrested in Kano and Kaduna states during the last #EndBadGovernance protest.
While ruling on Friday, Justice Obiora Egwuatu noted that the prosecution did not counter the defendants’ assurances that they would be available for trial and would not tamper with witnesses nor jump bail if granted.
The judge also noted that some of the defendants were young children below the age of 18 years.
He then granted bail to each of the defendants at N10million with two sureties, one of whom must be a federal civil servant from level 15, while the second should be either of each defendants’ parent or a sibling.
Justice Egwuatu adjourned till January 24, 2025, for the commencement of trial.
A Senior Advocate of Nigeria (SAN), Femi Falana, has urged the court to decline jurisdiction over the cases.
In an application he filed on Friday, Falana also wants the court to order the Federal Government to fund the education of the 29 minors among the defendants.
Falana specifically prayed the court for “an order declining jurisdiction to hear the current charges against the defendants/applicants as presently constituted.”
He also wants “an order mandating the complainant/respondent to enroll in school and bankroll in full the education of the defendants, who are minors and to pay their school fees till at least senior secondary school or university level in compliance with Section 18 (3) (a),(b), (c) of the 1999 Constitution as amended, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, 2004, Article 17 of the African Charter on Human and Peoples Rights.”
Falana identified the minors as Suleiman Ali (16 years), Tasi’u (17 years), Ibrahim Rabi’u (16), Jamilu Haruna (16), Muktar Yahya (17), Abdullahi Suleiman (17), Suleiman David (17), Muktar Ishaq Alhassan (16) and Sani Aliyu (17).
Others are Mahmud Mustapha (16), Umar Abdullahi (17), Habibu Knows (17),Mustapha Abubakar (17), Sani Hassan Idris (17), Abdulrahaman Ibrahim (17), Salisu Adam (16), Bilal (15), Amir Muhd (17),Abdul’aziz Adam (15), Sadiq Sunusi (15), Ibrahim Sani (17), Hassan Muhd (17) and Saifullahi, Muhd (15).
Also identified as minors are Umar Ali (17 years), Musa Isyaku (15), Muhammad Musa (14), Usman Amiru (14), Abdulganiyu Musa (15) and Sunusi Nura (14 years).
In urging the court to decline jurisdiction, Falana argued that by the provision of Section 251 of the Constitution, the Federal High Court can only exercise jurisdiction over cases specifically mentioned in the said section and no more.
He added: “The Federal High court, Abuja lacks jurisdiction to entertain the charges as contained in counts two to ten.
“The Federal High court, Abuja lacks jurisdiction to entertain the cases as contained in counts two to ten of the charge which were alleged to have taken place in Kano outside the territorial jurisdiction of this honourable court.
“Some of the defendants/applicants, as can be gleaned from the charge sheet, are minors.
“Counts 6 and 10 of the charge are offences unknown to law or offences not provided for in any written law in Nigeria and thus incompetent pursuant to Section 36 (8) and (12) of the 1999 Constitution.
“By the provisions of Section 36(8) & (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the jurisdiction of this honourable court to arraign a defendant over a charge is activated by disclosure of an offence known to a written law.
“It is wrong to arrest and charge minors alongside adults and remand them in prison custody alongside other inmates including convicts.
“Rather than educate and teach the minors good morals, the complainant is sending its minors to prisons all in a bid to stifle civic space and abrogate the right to dissent in breach of the 1999 Constitution and in violation of the right of the children to education and proper moral upbringing as encapsulated under Section 18 (3) (a),(b), (c) of the 1999 Constitution as amended, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, 2004, Article 17 of the African Charter on Human and Peoples Rights.
“These minors amongst the defendants herein are entitled to have their right to education preserved by this honourable court of justice.”
Minister: ‘We’re addressing the issues’
Hajiya Sulaiman-Ibrahim in a statement yesterday expressed concern over the detention of the children in connection with the #EndBadGovernance protests.
Her words: “Communications are underway with relevant authorities, including the Ministry of Justice, the judiciary, and correctional institutions, to ensure that these children’s cases are expedited and heard in juvenile courts as mandated by law.”
Active monitoring of the children’s welfare is ongoing, she said, while the Ministry is collaborating with child rights advocates to prevent any harm, discrimination, or maltreatment. She added that plans were in place to work closely with child protection services to provide post-release psychological counselling, social support, and rehabilitation to facilitate the children’s reintegration into their communities.
Besides, the Ministry is exploring educational opportunities to support the children’s growth and well-being beyond this challenging experience.
The minister added that the President has directed the Attorney General of the Federation to review the cases of these minors swiftly, expressing confidence that justice will prevail in alignment with Nigeria’s commitment to the rule of law and principles of child protection.
Other initiatives of her ministry include revising laws to address juvenile delinquency and fostering multi-sectoral engagement to empower communities and authorities to prevent juvenile delinquency across Nigeria.
Kano Gov: We’ll get arraigned minors back to Kano
Kano State governor, Abba Yusuf, said his administration was taking all necessary steps to bring back home natives of the state among the detainees.
“We shall do everything possible to get them back to Kano, in sha Allah.”
Police: We’re committed to rule of law
The Police in a statement by the Force Headquarters’ chief spokesman,Olumuyiwa Adejobi,defended what he called their rigorous adherence to fairness and accountability under the rule of law in “managing the detention and arraignment of these suspects.”
He said: “The suspects were initially presented in court, where they were formally charged, and a remand order was issued by the court. Throughout this process, the Police have worked to balance justice with compassion, ensuring that each suspect’s basic rights and privileges are respected, including access to medical care and other necessary provisions.
“Today (Friday), an unexpected incident in court saw six of the suspects suddenly rush out and faint, drawing media attention in a deliberate and scripted manner to draw negative attention. Medical aid was promptly provided to these individuals, demonstrating the Police Force’s commitment to the welfare of those in its custody, irrespective of the allegations they face.
“While committed to upholding justice, the Nigeria Police Force remains sensitive to the rights of all individuals, including young persons. Under Nigerian law, individuals who have reached the age of criminal responsibility are answerable for their actions, regardless of their age.
“This principle aligns with global practices, where accountability is upheld for young individuals who commit serious offenses. As seen in other jurisdictions, including the United Kingdom, age does not exempt individuals from facing legal consequences. However, each case is approached with empathy and in accordance with human rights standards.
“The NPF acknowledges public interest in this case and assures the public that our officers will maintain professionalism throughout the legal process. The public is encouraged to view this case without undue bias, as the Force remains focused on a transparent pursuit of justice. The Nigeria Police Force is committed to aligning with best practices, upholding both the rule of law and respect for human dignity.”
Sentiment drives comments over minors’ arraignment, says Obono-Obla
Giving his own perspective, Okoi Obono-Obla said :“A child above 14 but under 18 is considered to have criminal capacity and can be arrested.”
Obla who once served as Chairman of the Special Presidential Investigation Panel for Recovery of Public Property (SPIP) during the Buhari era said: “In Nigeria, the age of criminal responsibility is either 7 or 12 years old, depending on the child’s maturity.
“According to the Child Rights Act, a child means “… a person under the age of eighteen years” and this same meaning is adopted by all the Child Rights Laws enacted by states across Nigeria.
“However,11 Northern states in Nigeria have refused to pass a Child Rights Law which presumes that children under 7 years old are incapable of criminal responsibility.
“Children between 7 and 12 years old are presumed to be incapable of crime unless it’s proven that they knew they shouldn’t do the act; boys under 12 are also presumed to be incapable of sexual offenses.
“While the Criminal Code did not use the word “minor”, it referred to a “child and young person” in several contexts as a living person from birth to about sixteen (16) years old.
“The Penal Code Laws provide that a child is a living person at birth and less than eighteen (18) years old and also made reference to the “Children and Young Persons Act”.
“In the Children and Young Persons Act, a person less than fourteen (14) years old is a child and a person that is fourteen (14) years old but less than eighteen (18) years old is a young person
“In other words, someone who is 12 years old can be a criminal held liable, but the prosecutor must prove that at the time of the commission, he knew what he was doing,” he argued.
He further explained certain conditions under which underage persons can be exempted from trial.
“Criminal responsibility has been defined in Section 1 of the Criminal Code Act as the liability for punishment for an offense. It simply means the culpability of an individual.
“Under the Administration of Criminal Justice Act 2015 (a federal enactment applicable to federal courts), a child under 12 years old cannot be arrested or charged with a crime; in such cases, the child is referred to the Children’s Court.
“A child between the ages of 12 and 14 is presumed to lack criminal capacity but can be arrested if the state proves otherwise.
“A child above 14 but under 18 is considered to have criminal capacity and can be arrested,” Okoi Obono-Obla asserted.
NCoS denies detaining minors in adult facility
The Nigerian Correctional Service (NCoS)denied allegations that juveniles arraigned for treason in Abuja on Friday were detained in adult custodial facilities at the Kuje Correctional Centre in Abuja.
Spokesman for the NCoS , Umar Abubakar, said the Nigerian Correctional Service Act 2019 does not allow the organisation to hold juveniles in adult facilities, and that facility superintendents are authorised to reject new intakes if a centre has reached capacity.
Saboteurs behind arrest of minors- Arewa Think Tank
The Arewa Think Tank (ATT) said the arrest of minors who participated in the last #EndBadGovernance protest was the handiwork of those who want to sabotage the Tinubu Administration.
In a statement signed by the Convener of ATT, Muhammad Alhaji Yakubu, it said the arrest was the handiwork of those “who have an axe to grind with President Bola Tinubu.” He said such people should not use the arraignment of the minors as an opportunity to embarrass the government.
“The President should stand up firm now and deal with those who have encouraged this embarrassment,” it said.
It called for the release of the minors.
Protesters should have been charged in their states – Daudu
A former President of Nigerian Bar Association, Joseph Bodurin Daudu, SAN, said the protesters should have been charged in their states.
He said the only thing obscene about the Federal High Court proceedings in Abuja on Friday is the nature of the charge, which is allegedly treason.
His words: “Minors, and that is if they are less than 16 years, are usually treated as adults when they are found committing crimes. So had they been charged for the right offences in the territory of the States where they allegedly misconducted themselves, I would have had no problems,”
Expressing his candid view on the matter, he said the highest offences that the protesters could have been charged for are ‘conduct likely to cause a breach of the peace’ ‘unlawful assembly’ ‘willful destruction of public property’ ‘theft’ otherwise known in the South of Nigeria as ‘Stealing’ and other offences of like nature I.e., ‘Affray’, which are not only State Offences but bailable offences.
“Thus, the Attorney General of the Federation has no locus to charge any of the young men we saw in the dock for any offence committed during the #endbadgovernance riots within the territory of their respective States.
“It is a complete caricature of the Federalism that we claim to operate in Nigeria, where State Governments abdicate their responsibilities to the Federal Government and turn a blind eye to the pillaging of the rights of their citizens.”
For the avoidance of doubt, he averred that there was nothing treasonable in the conduct of “these children or young men as discernible from the charge and if our systems were working, they could easily have been charged for the offences mentioned above in Juvenile or Magistrate Courts, within the territory of the states where it is alleged they committed those riot induced offences.”
Continuing, he said: “One point is clear here, which appears to have been glossed over by a lot of us is that the defendants, be they children or adults, have already spent over 3 months in very dehumanizing detention conditions.
“This is very inhumane and a breach of their fundamental rights. It is my view that even if they committed the offences they are being accused of, (certainly not Treason) the maximum sentences that could have been handed down should have been reasonable fines and in serious cases, imprisonment not exceeding 3 months in the proximate correctional facility or borstal institution. Federal Government intervention typified by this unwarranted movement to Abuja was totally unnecessary and a failure of our systems. We rightly ought to feel a collective sense of guilt and shame.
The Senior Advocate called on the federal government to discontinue “these charges and release all those charged for these state offences, with adequate rehabilitative compensation paid to them.
“One last point is to interrogate the sense of responsibility of those who had custody of these young men since they were arrested and incarcerated three months ago. What happened to the monies voted for taking care of them whilst in custody? Did any of them die in custody? These to me are the points to interrogate. If FGN or the President is serving Nigerians, there ought to be a multi-departmental inquiry into this matter.
“The whole saga seriously questions our ability to govern ourselves as an independent nation. Thus, it is not always about aspiring to be named to the Security Council of the United Nations, it is about whether we are a civilised nation worthy of standing shoulder to shoulder with other responsible nations whose systems work. It is also not about throwing palliatives and food rations to us as solutions to clear existential problems of insecurity. There is much work to do ahead. It is time to re-engineer Nigeria.”
The Nation