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FG Considers Withdrawal of Treason Charges Against ‘Minor’ #EndBadGovernance Protesters

Published

2 months ago

Nov 3, 2024.

The Federal Government is reportedly considering dropping treason charges against over 100 #EndBadGovernance protesters.

Attorney General and Minister of Justice, Lateef Fagbemi (SAN), has received the case files and is reviewing them to determine the next steps.

Following public criticism, the Nigeria Police Force defended its actions, stating that it followed due process when arraigning minors. According to the police, Nigerian law permits arraignment from age seven, and the authorities took steps to ensure the suspects’ rights, including access to medical care.

After a review request from the Attorney General, the police transferred the files to the Ministry of Justice on Friday. Sources indicate that a legal team from the ministry, led by the Director of Public Prosecution of the Federation (DPPF), has engaged with other parties involved and is working to reschedule the cases—initially set for January 24, 2025—to a sooner date, potentially aiming to dismiss the charges.

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Last Friday, the Federal High Court in Abuja, presided over by Justice Obiora Egwuatu, granted bail to the defendants under strict conditions, including a bond of N10 million and two sureties. The judge expressed particular concern for the minors and recognized their commitment to appear at trial.

Senior Advocate Femi Falana has called on the court to decline jurisdiction over the cases. In a Friday application, he also requested that the Federal Government cover educational costs for the 29 minors among the defendants.

Falana specifically asked for “an order declining jurisdiction to hear the current charges as presented” and for the government to finance the minors’ education through secondary school or university, per constitutional mandates and child rights protections.

Falana listed the minors involved, who range from 14 to 17 years old, and argued that Section 251 of the Nigerian Constitution limits the Federal High Court’s jurisdiction. He further noted that some charges, particularly counts six and ten, involve offenses not recognized under Nigerian law, which would render them invalid under the Constitution.

He added: “The Federal High court, Abuja lacks jurisdiction to entertain the charges as contained in counts two to ten.

“The Federal High court, Abuja lacks jurisdiction to entertain the cases as contained in counts two to ten of the charge which were alleged to have taken place in Kano outside the territorial jurisdiction of this honourable court.

“Some of the defendants/applicants, as can be gleaned from the charge sheet, are minors.

“Counts 6 and 10 of the charge are offences unknown to law or offences not provided for in any written law in Nigeria and thus incompetent pursuant to Section 36 (8) and (12) of the 1999 Constitution.

“By the provisions of Section 36(8) & (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the jurisdiction of this honourable court to arraign a defendant over a charge is activated by disclosure of an offence known to a written law.

“Rather than educate and teach the minors good morals, the complainant is sending its minors to prisons all in a bid to stifle civic space and abrogate the right to dissent in breach of the 1999 Constitution and in violation of the right of the children to education and proper moral upbringing as encapsulated under Section 18 (3) (a),(b), (c) of the 1999 Constitution as amended, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, 2004, Article 17 of the African Charter on Human and Peoples Rights.

“These minors amongst the defendants herein are entitled to have their right to education preserved by this honourable court of justice.”

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