Dismiss meritless treason charges, release children who protested against bad governance, he says
By Jeph Ajobaju, Chief Copy Editor
Abuja Federal High Court has been urged by Femi Falana, SAN to dismiss the treason charges against 76 people, including children aged between 11 and 15, involved in the #EndBadGovernance protest kept in custody since August and only arraigned on November 1.
The protesters face charges of treason and other related offences punishable by death if found guilty.
Inspector General Police Kayode Egbetokun has dismissed the heavy criticism from within and outside Nigeria trailing the incarceration of children who became malnourished at the hands of prison officials of the regime of Bola Tinubu who feared the protest was meant to topple his presidency.
Egbetokun argued the accused are not minors but grown ups, some of whom are graduates and married.
However, video footage circulating on social media shows several kids among the defendants, some of whom collapsed waiting for arraignment, which led to chaos in the courtroom.
The individuals were arrested across Northern states, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano.
The court set bail for them at N10 million each and other stiff conditions they are hardly about to meet.
The prosecution requested the charges be dismissed for those who collapsed and federal Attorney General Lateef Fagbemi has since requested for the case files from the police.
Back in court last Friday, Falana, who represented the defendants, filed a preliminary objection, arguing that the court lacks jurisdiction to hear the case.
He insisted that minors cannot be subjected to criminal trial under Section 18 (3) of the Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter.
He also argued that national and international laws protect the rights of minors and reminded the government to fulfill its duty to provide for their education instead.
“No child should be subjected to criminal proceedings. If a minor is alleged to have committed an offence, they should be handled within the child justice system,” he said, and stressed that certain charges against the protesters do not meet the requirements for an offence under Nigerian law.
Falana cited actions such as carrying placards that read “end bad government” or chanting revolutionary songs do not amount to a crime under Sections 416 and 114 of the Penal Code and said these charges are baseless under Sections 1, 3, 6, 36, and 44 of the Constitution.
His application included a request for the federal government to pay the school fees of the minors through Senior Secondary School or university education, in line with provisions in the Constitution, the Child’s Rights Act, and the Universal Basic Education Act.
Amnesty International condemned the detention of the children as a violation of legal rights and government disregard for the rule of law.
Prominent figures, among them former Vice President Atiku Abubakar, former Anambra Governor Peter Obi, and former Senator Shehu Sani, have also decried the prosecution of the kids who were simply expressing frustration about their poor lot and requesting food.
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