Nigerian President Gives Release Order as Justice Minister Says Prosecuting Minors Not Against Law
- Nigeria's leader, President Bola Ahmed Tinubu, directed Lateef Fagbemi, the attorney-general of the federation, to ensure the immediate release of some minors
- Africa's most populous nation is grappling with a cost of living crisis that led to deadly protests in August, in which some of the minors participated in
- Amid outrage, Fagbemi said there is no law in the country prohibiting the prosecution of minors
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Legit.ng journalist Ridwan Adeola Yusuf has over nine years of experience covering governance in Nigeria.
FCT, Abuja - Tearful, exhausted, and haggard-looking, the sights of young boys at the federal high court in Abuja on Friday, November 7, sparked widespread reactions, mostly condemnatory.
While taking their pleas in court, at least two of the now-released minors and two others said to be of adult age slumped in the dock.
Source: Twitter
The children were part of over 100 persons arrested during the ‘End Bad Governance in Nigeria’ protest held in August against worsening costs of living. Before the arraignment for treason, an offence punishable by death in Nigeria, the police had detained them for over 90 days after securing a court order to that effect.
Most of the minors disclosed that they were arrested at various points in Kano and Kaduna states, with some picked up in circumstances unconnected to the protests.
17-year-old Mustapha Ibrahim, who is currently in a sick bed in a hospital in Kano, revealed that his arrest was just a matter of ill luck as he was picked up on his way to buy rice, a Nigerian staple, for his family to eat.
Speaking with great difficulty, Ibrahim told Daily Trust:
“I was arrested while I was on an errand to buy rice for my mother. I never knew about any protest, but they arrested me on my way.”
Ibrahim is currently in isolation at the intensive care unit (ICU) due to his condition.
Another former detainee, Fahad Ibrahim, complained of maltreatment by law enforcement agents.
The 'End Bad Governance' protester said:
“Some of us were beaten and insulted for no reason. In fact, for the first two or three weeks, many of us were not allowed to have a shower. If you were ill, the only thing they gave you was paracetamol.”
Minors’ arraignment: Legal angle
There have been conflicting interpretations of the law regarding the arraignment of the boys.
Akintayo Balogun, a private lawyer based in Abuja, said the Child Rights Act does not allow any child to be subject to criminal proceedings and sentenced to death.
CNN quoted him as saying taking minors before a federal high court is wrong, “ab initio, except if the government can prove that the boys are all above 19 years.” Many government critics align with this school of thought.
However, Lateef Fagbemi, the attorney-general of the federation (AGF) and minister of justice of Nigeria, insisted that no law in Nigeria prohibits the prosecution of minors.
Briefing journalists regarding a recent court order to release over 100 'End Bad Governance' protesters (minors and adults) who the Nigeria Police Force (NPF) had previously arraigned, the senior advocate of Nigeria (SAN) explained:
“Let me seize this opportunity to clarify something. We are under the impression that because they are children and minors, various theories have come up. There is no law in this country which says that a minor cannot be tried.”
He hinged President Bola Tinubu’s pardon gesture on compassion.
Fagbemi said:
“The study of the law and the constitution leaves you no other conclusion than that the federal high court has jurisdiction in matters bordering on treason and related issues.
“So, whatever the situation, the president has closed the chapter by his decision to have these young men released.”
Human rights lawyer Festus Ogun speaks
Meanwhile, a human rights lawyer, Festus Ogun, condemned in its entirety the arraignment for treason of children and minors who allegedly participated in the recent nationwide 'End Gad Governance' protests.
The legal practitioner told Legit.ng that the arrest, detention, and arraignment of the minors by the Nigerian police on charges of treason and attempting to overthrow a legitimate government, among other charges, contravenes a plethora of national, regional, and international laws.
He said:
"It is unacceptable to call innocent out-of-school children “suspects”.
"Malnourished and victimised children are not suspects, especially considering that protest is neither treason nor a crime. It is a right."
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Social commentator kicks over children's detention
Meanwhile, Adigun Muse, a former head of the political science department at the Lagos State University of Education (LASUED), said the detention and arraignment of the frail children is "bad optics".
Muse accused some persons of trying to de-market and embarrass Nigeria before the international community.
He told Legit.ng:
"What we saw is a blatant disregard for the welfare and dignity of young citizens, and I condemn it.
"The protection of the children is non-negotiable, thus, my counsel is for authorities to treat these young boys with the compassion they deserve."
Analyst condemns trial of minors for treason
In the same vein, a socio-political analyst, Segun Akinleye, condemned the detention of minors for participating in protests against hunger and alleged bad governance.
Akinleye criticised the Tinubu government’s handling of the minors, describing it as "a ploy to terrorise Nigerians".
He told Legit.ng:
"Lots of minors who were part of the 'End Bad Governance in Nigeria' protest were arrested on charges of alleged terrorism.
"To me, this is a ploy by the Tinubu administration to terrorise Nigerians, starting with the most vulnerable. They want to criminalise protests and that would not be accepted.”
Freed minors meet Shettima at Villa
Earlier, Legit.ng reported that the minors recently released from detention for their involvement in the August 2024 'End Bad Governance' protests visited the Aso Rock Villa to meet Vice President Kashim Shettima.
At the ceremony, Shettima formally handed over 100 minors and other individuals prosecuted for participating in the protests to the governors of Kaduna and Kano states.
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Source: Legit.ng
