Lawyers have expressed outrage over the recent arraignment of 32 minors at a Federal High Court in Abuja by the police. The lawyers while condemning the action said it constitutes a breach of the Child Rights Act. TUNDE OYESINA reports

The recent arraignment of 32 minors at a Federal High Court in Abuja by the police has drew the ire of some senior lawyers. To the men of the wig and gown, the police action not only violates domestic and international legal protections, but also paints Nigeria in a negative light in the eyes of the world.

They said the minors arraignment at the Federal High Court does not align with the children’s rights as protected under the Child Rights Act of 2003.

The minors were said to have been arrested by the police in various parts of the Northern states during the August #EndBadGovernance protest.

The police had consequently arraigned the 32 minors alongside 76 other suspects before Justice Obiora Egwuatu of a Federal High Court in Abuja. The defendants who were reportedly detained for three months, were arrested in the Federal Capital Territory (Abuja); as well as Kaduna, Gombe, Jos, Katsina and Kano states.

The Inspector General of Police arraigned them on November 1 on 10 counts bordering on treason, intent to destabilise Nigeria and inciting to mutiny by calling on the military to take over the government from President Bola Tinubu, among others.

New Telegraph Law recalls that the nationwide protest against economic hardship and poor governance happened from August 1 to 10, with demonstrators calling for reduced governance costs, reinstatement of petrol subsidy, food security and greater fiscal discipline.

Among the 108 defendants arraigned by the police, 32 of them were minors between the ages of 14 and 17. At the commencement of proceedings on Nov. 1, the children were called to the dock to enter their pleas.

There was however a halt in the proceedings as four of the children suddenly collapsed and were rushed out of the courtroom. This prompted Justice Egwuatu to suspend proceedings for some time . As the collapse minors wriggled in pains and made a screeching sound on the floor, lawyers and prison officials carried them up, holding their hands and legs.

They were later taken out of the courtroom, as they couldn’t stand on their feet. When the court reconvened, the prosecution counsel, Audu Garba, told Justice Egwuatu that the matter was for arraignment. “My lord, the matter is fixed for arraignment. Some of the defendants are outside due to lack of space in the courtroom to accommodate all of them”, he submitted.

The inhumane treatment of the minors is a grave violation of their fundamental human rights

The judge, however, insisted that space should be created for all of them, as he wanted all defendants inside the courtroom. The prosecution proceeded to ask the court to strike out the names of the sick defendants and discharge them pending when they get well to be brought back to the court to answer to their charges. Responding, the defense counsel, Marshall Abubakar, however, asked the court to discharge and acquit them.

He said, “The application is on the fact that the defendants are sick and malnourished. These boys are hungry and have not been fed for three days”.

The prosecution, however, objected to the defence counsel’s submission, insisting that the defendants, who had been detained since August when they were arrested, were well catered for in the police cell where they had been kept.

He, however, asked the court to grant the defendants bail. The court, on the submissions of the prosecution’s lawyer, subsequently discharged the four sick defendants – Umar Yunusa, Usman Suraju, Musa Isiyaku and Abdul Ganiu – pending when they recover from their sickness.

The court, however, refused to acquit them. Delivering ruling on the defendants bail application, Justice Egwuatu granted the protesters bail in the total sum of N10 million each with two sureties in like sum. The judge further held that one of the sureties must be a level 15 civil servant and the other a parent to the defendants.

He also ordered that the sureties should make available to the court, a means of identification, letter of last promotion, letter of appointment, means of Identification and a verified address. Justice Egwuatu further held that until they meet their bail terms, the defendants who are 18 years and above should be remanded at Kuje Custodial Centre, while the minors (18 years and below) should be remanded at the Borstal Centre in Gwagwalada.

The charge against the defendants partly reads: “That between July 31, 2024, and August 4, 2024, at the Abuja FCT and Kano Metropolis, within the jurisdiction of this court, while acting in concert and with intent to destabilise Nigeria, conspired together to commit felony to wit: treason.

“That within the jurisdiction of this court, while acting in concert and with intent to destabilise Nigeria conspired together to commit felony to wit: inciting to mutiny, thereby committing an offence.

“That between July 31, 2024 and August 10, 2024, in Abuja FCT, Kaduna, Kano and Gombe, within the jurisdiction of this court, while acting in concert with Andrew Martin Wynne (aka Andrew Povich) a British citizen, with intent to destabilise Nigeria, levies war against the state in order to intimidate or overawe the president, by attacking and injuring police officers and burning police stations.

High Court Complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and Promotions Agency office, NURTW office and several other buildings and thereby committed an offence contrary to Section 410 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 2004”.

They were also accused of having the plan to destabilise Nigeria by calling on the military to take over government from President Bola Ahmed Tinubu and by chanting, ‘Tinubu must go,’ ‘It is military we want’, while rioting and disturbing public peace.

AGF, Tinubu’s intervention

In the aftermath of the public outcry that greeted the minors arraignment, the Attorney General of Federation and Minister of Justice , Prince Lateef Fagbemi (SAN), took over the prosecution of the defendants.

In a statement, Fagbemi while acknowledging the existence of the case, expressed the need to review certain issues before making an informed decision.

He clarified that he lacks authority to alter the court’s decision to remand the minors until January, but has instructed the police to transfer the case file to his office for further examination by the Director of Public Prosecution of the Federation (DPPF).

The statement reads, “It has just come to my notice that the police have arraigned those arrested in connection with the #EndBadGovernance violent protest in court for various offences including treason. “There are some issues my office will need to look into regarding the matter to enable me to take an informed decision.

“I am aware that the court has remanded the defendants in detention centres and adjourned the case to January. “It is not within my power to vary the order of the court remanding the defendants in detention centres and adjourning the case to January.

I have however directed the Nigeria Police to transfer the case file to my office and hand over same to the Director of Public Prosecution of the Federation (DPPF) tomorrow, Saturday, 2nd November 2024.

“I have directed the DPPF to immediately put machinery in motion for consideration of the court to bring the adjournment date forward (an earlier date)”. After the AGF’s reaction, President Bola Tinubu consequently ordered the immediate release of all the detainees.

The Minister of Information and National Orientation, Mohammed Idris, communicated the President’s order The minister said the president ordered the immediate release of the minors without prejudice to whatever legal processes that are ongoing.

The president also directed the Ministry of Humanitarian Affairs and Poverty Reduction to immediately see to the welfare of those minors, and also take part to ensure their smooth reunion with their parents or guardians wherever they are in the country.

He also directed that a committee would be set up to be spearheaded by the humanitarian affairs ministry to look at all issues surrounding the arrest, detention, treatment, and finally, the release of the minors.

The insensitivity of the prosecution and the court for the impunity in the application of law is condemnable

which is a part of the laws guiding the federation. “The Child Rights Act is in operation and hence, the minors are expected to be arraigned in accordance with the provision of that law. Even their detention in the regular prison was wrong”.

Speaking in a similar vein, Executive Secretary of the National Human Rights Commission (NHRC), Tony Ojukwu (SAN), condemned, in its entirety, the arraignment for treason of children and minors who allegedly participated in the recent nationwide #EndbadGovernance protests.

Ojukwu, in a statement, submitted that the arrest, detention, and arraignment of the minors by the police on charges of treason and attempting to overthrow a legitimate government, among other charges, contravenes a plethora of national, regional and international laws.

“The action of the police has raised significant concerns among senior lawyers and legal experts, the human rights community, development partners, sister national human rights institutions, and well-meaning Nigerians. “It is widely considered as excessive and inappropriate use of state institutions against citizens and it is even worse when the victims are children and minors whose best interest were not considered at all in line with the law”.

The NHRC boss stressed the importance of ensuring that legal proceedings align with children’s rights as protected under Nigeria’s Child’s Rights Act 2003, the Administration of Criminal Justice Act (ACJA) 2015 and some regional and international legal frameworks, including the African Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rights of the Child (CRC).

These frameworks, he said, emphasize that children should be treated differently and separated from adults within the justice system, focusing on their best interest, protection, and rehabilitation rather than harsh punitive measures.

“Unfortunately, the trial court that should know better than the police unleashed a draconian bail condition that almost all the children cannot meet, and adjourned the matter to January 2025, knowing fully well that these are children who have been detained since August 2024.

“In fact, the judge witnessed some of the children looking malnourished and unwell which calls to question the mental state of the judge when imposing such bail conditions on the children and minors for participating in a protest now turned treason.

“The NHRC’s criticism mainly centers on the insensitivity of the prosecution and the court for the lack of humanity, accountability, and impunity in the application of law to the children, the severe nature of the charges, the draconian bail conditions and the potential for the psychological harm such impunity in actions might cause minors, bearing in mind that there are procedures for the treatment of the underaged, even when they come in conflict with the law.

“We are therefore calling for immediate corrective action to ensure that children are not unfairly subjected to extreme inhumanity and slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state”, Ojukwu added.

On his part, a senior lawyer, Bright Enado, also condemned police action, saying, “the arrest and detention of the minors is a violation of their fundamental human rights. “The pitiable sight of the children in the courtroom was reminiscent of the infamous Nazi concentration camp.

” It is an ‘utter violation’ of Section 11 of the Child’s Rights Act, which guarantees that no child should be subjected to physical, mental or emotional injury as well as torture and inhumane punishment. “If they are just being arraigned three months later, one can only imagine the sort of dehumanising conditions they had been subjected to and have been detained all this while”.

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