•North must wake up, Bala Mohammed charges region, SANs differ on arraigned minors
The governors of Bauchi and Kano States and the Arewa Consultative Forum have demanded the release of the minors facing trial for treason in the Abuja Federal High Court.
Already, Kano Governor, Abba Kabir Yusuf, has directed the state Attorney General and Commissioner of Justice to take steps toward securing the release of the minors arrested for allegedly demanding regime change while participating in the #Endbad governance protests in Kano and Kaduna between August 1 to 10.
The state commissioner of Information and Internal Affairs, Baba Halilu Dantiye, confirmed the development to The PUNCH on Sunday.
The Inspector-General of Police, Kayode Egbetokun, had on Friday, arraigned 76 #EndBadGovernance protesters before Justice Obiora Egwuatu of the Federal High Court in Abuja, among whom were minors.
Viral videos of the malnourished children sparked outrage with some civil society groups calling for their immediate and unconditional release from detention.
The 76 protesters were arraigned in two batches, 32 of whom were children.
The first batch was arraigned on a 10-count bordering on treason, intent to destabilize Nigeria, inciting to mutiny by calling on the military to take over government from President Bola Tinubu, among others.
They pleaded not guilty to the charge and were granted N10 million bail each.
Speaking to The PUNCH, Dantiye said the Kano governor demanded the release of the minors via his X handle.
“The Kano State Governor, Abba Kabir Yusuf, has instructed the state’s Commissioner for Justice to act on the development,’’ the commissioner said.
“My attention has been drawn to the appearance of teenagers (some believed to be from Kano) in court today (Friday) in Abuja.
“The Commissioner of Justice has been instructed to act immediately on the issue. We shall do everything possible to get them back to Kano, Insha Allah,” the governor’s statement read on X.
The Chairman of the People’s Democratic Party Governors Forum and Governor of Bauchi State, Bala Mohammed, said the North “must wake up” concerning the children arraigned for protesting.
Bala, who posted the admonition on his official Facebook handle on Saturday, expressed concern over the development.
“I was deeply troubled after watching the video of children who were arraigned in court yesterday (Friday), accused of attempting to overthrow the government, theft, and inciting unrest during the recent #EndBadGovernance protests.
“The visible devastation, hunger, and malnourishment of these children reflect the harsh treatment they face in prison or at the hands of security forces,” he wrote in Hausa.
Bala maintained that the event highlighted how disunited northern leaders are when it comes to issues affecting the region.
“More than anything, it exposes the lack of good governance and the discordant voices that plague the North. As a parent and concerned citizen, I extend my sympathies and urge security agencies and the judiciary to uphold the right to freedom of expression and respect fundamental human rights, “ he said.
Considering the severe economic hardship and inflation in the country, the governor advised that the children should be released immediately.
“It is unreasonable to demand ten million naira in bail from those struggling to afford even one meal a day. Instead, I appeal for leniency, especially for those proven to be innocent. I also call upon our clerics and leaders: #MuTashiMuFarkaYanArewa — We must wake up, fellow Northerners.”
Meanwhile, senior lawyers have expressed divergent opinions on the arraignment of the minors for treason.
Chief Mike Ahamba (SAN) said, ‘’I don’t think they are treating those children well. They are not treating them according to the law. All I know is they can’t even convict them of a capital offence, detaining them as long as they have done is unfortunate. CNN reported it where four of them fainted. I do know they can’t convict those below 17 years of age.
“What should be done if a child commits an offence, you release the person to an elder or an adult in the family, you don’t keep a child for such a long time in prison custody. And what is their offence? That they demonstrated. It is quite unfortunate. We are heading towards a one-party dictatorship in Nigeria.
Speaking in the same vein, Ebun-Olu Adegboruwa (SAN), argued that the government has not been able to justify the criminal charges levelled against the minors, describing their arraignment as embarrassing.
He stated, “For a person to be charged with treasonable felony, he must have the means, he must have the capacity and be planning to overthrow the government. So by the Child Rights Act, children who are aged from 13 downwards are not supposed to face regular prosecution in court as adults are supposed to do and again it was against the principles of Federalism for offences to occur in Kaduna State, in Kano State and then the Federal government takes over the prosecution of those offences over and above the powers granted to the attorney General of those States.
“There is a criminal procedure code governing crimes committed in Kaduna State and Kano State and there is no basis for bringing those minors to court in such an embarrassing manner. I call upon the Federal Government to withdraw the charges. Obviously, these children have been in custody since August, September, and October until November 1, when they were arraigned.
“So, there is a case of unlawful custody and detention, and so they should also be compensated and also be tutored and provided opportunity for proper education. This should actually turn into a golden opportunity for the government to change the future and destiny of these children as it has shown that we are dealing with serious cases of out-of-school children which the government has not been able to cater for.’’
Another senior lawyer, Kashopefoluwa Balogun, also submitted that the children should not have been arraigned.
‘’With respect to the general position of law when it comes to minor arraignment, conviction and all of that, because at that age, they are expected to be protected irrespective of the allegation or the crime they are being alleged to have committed. Being children of around 13 years, they are not meant to be openly arraigned with adults.
“There’s a juvenile provision just like it extends to the issue of their detention, they are not meant to be detained with adults because the rationale behind the law is to protect them. The Constitution presumes them to be innocent so you don’t want to expose them to these public issues, this public display, public arraignment whereby at the end of the day some of them will not be found guilty,’’ he affirmed.
Continuing, Balogun added, “According to the Juvenile/Child Rights Act, which governs the issue of charging kids to court, the law draws a distinction that when you are between 0-7 years, the law believes that such a person is not believed to be able to commit any crime.”
However, the lead counsel to the IG, Simon Lough (SAN), insisted that it is not unlawful to charge children between the ages of 8 to 12 for criminal offences.
Lough noted that according to the law, only children below seven are incapable of committing a crime.
He said, “According to section 50 of the penal code, a child from the age of 8 to 12 years, where it is shown that he is capable of knowing the nature of what he is doing can be charged with the adult who instigated him to commit.
“They had to be charged with adults, they cannot be charged alone. All of the defendants were charged to court, none of them is below 13 years. According to law, they can be charged alone without an adult. In this instant case, they were charged with adults with whom they committed the offence together.
“We are not unmindful of the law, we know the law and we know the right of every Nigerian. I have prosecuted for many years and I stand for justice and I have defended the rights of so many in Nigeria. I will not stay here and be sleeping and the right of people will be trampled upon”.
Speaking on the malnourished condition of the defendants, Lough declared that the children were arrested in that state.
“When they were arrested, that was the way they were. Somebody who is lean from day one, no matter what you do, he will remain the same. If they had been starved, could they survive for three months? They were fed contrary to the unfounded allegations people are making. Even though they might not be fed like they were in their houses, they were been fed according to the law. The law said they should be fed.
“And what happened in court was an intentional drama orchestrated by their lawyer. And the intention of doing that was to create sympathy with the judge to grant them bail. That was just the aim. It wasn’t like the suspects were weak. If somebody is weak the person will fall where he is,’’ he noted.
Weighing in on the development, the National Human Rights Commission condemned the arraignment of the children.
The Executive Secretary of the commission, Dr Tony Ojukwu, in a statement in Abuja on Sunday, noted that the action of the Nigeria Police has raised significant concerns among senior lawyers and legal experts, the human rights community, development partners, national human rights institutions and well-meaning Nigerians as it is widely considered as an excessive and inappropriate use of state Institutions against citizens.
‘’It is even worse when the victims are children and minors whose best interests were not considered at all in line with the law,’’ it noted.
Ojukwu stated that the arrest, detention and arraignment of 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.
He cited 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 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.
He said, “These frameworks 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 which almost all the children cannot meet, and adjourned the matter to Jan 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.”
He explained that the NHRC’s criticism centred on the insensitivity of the prosecution and the court for the lack of humanity, accountability and impunity in the application of the 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”, the senior lawyer advised.
Ojukwu commended the AGF for instructing the police to forward the case files to his office for a review by the Director of Public Prosecution of the Federation.
In a related development, the Arewa Consultative Forum has strongly condemned the ongoing treason trial of the protesters, labelling it a “sham trial and a show of shame.”
According to the ACF, the trial is a blatant attempt to intimidate and subdue citizens from exercising their constitutional rights to protest and express grievances.
The forum views the protesters as victims of the Nigerian criminal justice administration system and mindless bureaucracy.
Consequently, the ACF called on the Federal Government to immediately halt the detention and trial of the protesters and release them to their families unharmed.
The Northern body also demanded an investigation into the circumstances leading to the detention of the protesters for over three months, beyond the constitutional 24-hour limit.
A statement by the ACF’s National Publicity Secretary, Prof. Tukur Muhammad-Baba, in Kaduna on Sunday, emphasised that the treatment of the protesters is a callous abuse of power by ‘’a government that should be preoccupied with raising their standards of living.’’
The forum demanded that the Federal Government extend financial compensation to the protesters for their unnecessary and unjustified detention and arrange medical examination, treatment, and professional psychological evaluation and counselling for them.
“The ACF joins other Nigerians, national and international human rights groups in strongly condemning this charade of a trial and naked, strong-arm tactic, reminiscent of strategies employed by authoritarian and intolerant but weak regimes aimed at muscling citizens,” he stated.
He noted that the #EndBadGovernance protests are a reflection of the growing discontent among Nigerians over soaring inflation, worsening insecurity, ineffective governance, and rising fuel prices.
Also, a civil society group, Women Aid Collective Nigeria, has urged the Federal Government to redirect offending minors from formal judicial processes and to separate children from adults in detention facilities.
The CSO also stated that detention and trial of minors should be a last resort, adding that where necessary, a juvenile court or juvenile court should handle the proceedings.
In a statement on Sunday, the Executive Director of WACOL, Prof Joy Ezeilo, noted that recent events involving the arraignment of minors undermined the country’s justice system, and represented a clear violation of state, national, regional, and international children’s rights laws.
She said, “Children’s rights are human rights, and Nigerian children’s rights must be respected and upheld. Children who are in conflict with the law should be redirected away from the formal judicial process. Recent events have significantly undermined our justice system, representing a clear violation of state, national, regional, and international legal frameworks concerning children’s rights and the justice system.
‘’Children who are alleged to have committed crimes must be kept separate from adults in detention facilities. Their privacy and identities should be protected. Detention and trial should only be used as a last resort, and if necessary, a juvenile court or juvenile judge should handle such proceedings.
“The administration of criminal or the juvenile justice system must ensure a treatment that promotes their sense of dignity and worth, considers their age and aims at their reintegration into society to assume a constructive role.’’
Ezeilo called for an end to the “ugly phenomenon” of starving children charged with mutiny and treason,’’ stating that it shamed Nigeria and that a prosecutor should always do the right thing in the court of law.
Meanwhile, parents of the protesters have threatened to storm Abuja until their children are released.
One of the parents who spoke on condition of anonymity told The PUNCH on Sunday, stating, ‘’We have formed ourselves in groups so that we can move to Abuja and stay there until our children are released.”
“This is not the first time protests have happened in the country but we have never witnessed the arrest of minors like what happened during the EndBadGovernance protest. We’re not happy with the inhumane way and manner our children are being treated by the police since their arrest,” the parent said.
