Federal Government Considers Dropping Treason Charges Against Minor #EndBadGovernance Protesters.
The Federal Government of Nigeria is reportedly considering withdrawing treason charges against over 100 #EndBadGovernance protesters, including several minors, in response to widespread public concern. The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has received the case files and is now reviewing them to determine the next steps.
In defence of its actions, the Nigeria Police Force stated that it followed due process in bringing the minors to court, asserting that Nigerian law allows for the arraignment of individuals as young as seven years old. The police also noted that they had taken all necessary measures to protect the suspects’ rights, including access to medical care. Following the AGF’s request for a review, the case files were transferred to the Ministry of Justice last Friday.
Reports suggest that a legal team from the Ministry of Justice, led by the Director of Public Prosecution of the Federation (DPPF), is in discussions with other parties involved in the case. The ministry is expected to approach the court to reschedule hearings originally set for January 2025, with the potential goal of dropping the charges altogether.
Last Friday, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to the defendants on strict conditions, including a ₦10 million bond and two sureties. The judge expressed concern for the minors involved and acknowledged their commitment to remain available for trial.
Senior Advocate of Nigeria (SAN), Femi Falana, has also urged the court to decline jurisdiction over the cases, filing an application for the court to order the government to fund the education of the 29 minors among the defendants. He argued that their rights under the Child’s Rights Act, the Universal Basic Education Act, and the African Charter on Human and Peoples Rights entitle them to an education rather than detention.
Falana identified the minors, including those as young as 14, who have been detained. He contends that charging minors alongside adults and placing them in prison violates their rights to education and moral development, as set out in Section 18 of the Nigerian Constitution, the Child’s Rights Act, and other legal provisions. He urged the court to ensure that these minors’ rights to education are upheld.
Falana further argued that the Federal High Court lacks the jurisdiction to entertain charges against the minors for offences alleged to have occurred outside its territorial reach, specifically in Kano. He also pointed out that certain charges in the case lack legal foundation, rendering them invalid under Nigeria’s Constitution.
As the AGF’s review continues, many are hopeful that this action will lead to a resolution that prioritises the welfare and rights of the minors involved, in keeping with Nigeria’s constitutional and moral obligations.
