‘No child shall be subjected to criminal justice’, Falana demands release of arraigned minors

Human rights lawyer, Femi Falana, has asked the Federal Government to dismiss charges against 76 #EndBadGovernance protesters charged to court for treason.

Chaos ensued at an Abuja Federal High Court on Friday after some minors, who were among the 76 protesters charged to court, collapsed while waiting to be arraigned.

The defendants, who were arrested in Abuja, Kaduna, Gombe, Jos, Katsina, and Kano states, have been accused of treason, among other offences.

The court granted them bail in the sum of N10 million each, while the prosecutor asked the judge to remove the names of those who collapsed from the charge.

In a preliminary objection filed before the court, the defendants, through Falana, submitted that the court lacks the jurisdiction to hear the charge.

Falana also argued that in line with Section 18 (3) (a) (b) (c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter, the underaged defendants ought not to be tried.

The senior advocate said the application, based on both national and international legal provisions, reinforces the defendants’ rights to protection under juvenile justice laws, while also stressing the government’s duty to fulfil its educational commitments to Nigeria’s youth.

“No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes…,” Falana said.

The lawyer also submitted that some counts did not disclose an offence for which the defendants/applicants can be charged/arraigned for.

“This is because, firstly, carrying placards with the inscription ‘end bad government’ and several other inscriptions to incite disaffection to the government cannot and does not constitute an offence pursuant to which an offence can inure under Section 416 of the Penal Code just as displaying Russian flag, chanting revolutionary songs cannot constitute offence under Section 114 of the Penal Code that could be punishable under Section 111 of the Penal Code and we submit with firm conviction that any such charge would fly and fall flat in the face of the superior and exquisite provisions of Sections 1 (1), (3), 6 (6) (B), 36 (1) and 44 of the 1999 Constitution as amended,” he said.

The application further seeks to mandate the federal government to pay the school fees of the minors “till at least senior secondary school or university level in compliance with Section 18 (3) (a) (b)(c) of the 1999 Constitution, section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, Article 17 of the African Charter”.

The arraignment of minors has generated condemnation from within and outside Nigeria.

Amnesty International described the detainment of the minors as unlawful, noting that the action shows the government’s disregard for the law.

Other Nigerians, including former Vice-President Atiku Abubakar; Peter Obi, the ex-governor of Anambra; and Shehu Sani, a former senator, have also criticised the minors’ arraignment.