…as AGF takes over case file
The Federal Government of Nigeria has come under heavy fire following the detention and arraignment of minors who participated in the #EndBadGovernance protests in August.
The nationwide protests, sparked by acute economic hardship, took place between August 1st and 10th and led to the detention of several demonstrators, including children.
On Friday, November 1st, 76 protesters were arraigned in an Abuja court but, disturbingly, four minors among them collapsed in court due to severe hunger and stress accumulated from prolonged detention.
The collapse of the four minors in court caused chaos in the courtroom, prompting Justice Obiora Egwuatu to immediately call for a recess to address the situation. Upon resumption, he ordered the remandment of protesters aged 18 and above at the Kuje Correctional Centre, while minors were sent to the Borstal Home of the Correctional Service. He also granted bail to the protesters the sum of 10 million naira each with two sureties in like sum which must include a civil servant and a parent or sibling of the protesters. The case was adjourned to January 2025.
Reacting to the development, former Vice President and presidential candidate of the Peoples Democratic Party (PDP) in the 2023 election, Atiku Abubakar, condemned this move by the Federal Government.
“I find it reprehensible that a man who claims to have fought for Nigeria’s democracy and had led protests now demonises those who decide to demonstrate against the effects of his harsh and draconian policies,” Atiku said in a tweet via his official page on X.
Citing the Child Rights Act, he stressed that children have a right to protest peacefully.
“Children who are the most affected by these policies have every right to protest peacefully, as guaranteed by the Constitution and the Child Rights Act. A nation can be assessed by the way it treats its most vulnerable citizens. It is saddening that even underage children are not spared from the wickedness of T-Pain,” he wrote.
Also reacting, the Labour Party’s presidential candidate in the 2023 election, Peter Obi, pointed out that government officials have also participated in protests without facing consequences.
“Curiously, most of the people in government today leveraged this aspect of the Constitution standing as champions of good governance while in opposition,” he wrote on X.
The Chairman, Senate Committee on Finance, Senator Musa Sani, also strongly condemned the Federal Government’s detention of minors linked to the #EndBadGovernance protests. Musa, who represents Niger East Senatorial District, called on the National Judicial Council (NJC) to investigate the judge’s decision and urged the Inspector General of Police, Kayode Egbetokun, to investigate the inhumane treatment and arraignment of the minors.
“I strongly condemn the unjust detention of minors following the #EndBadGovernance protests…. It is deeply troubling that, despite the hardships and challenges these young children have endured, there is a push to have them imprisoned rather than afforded compassion and understanding.
“Such actions are not only inhumane but also unjust. I also condemn the judicial stance advocating for the continued detention of these minors, which is entirely unacceptable and contrary to the principles of justice and fairness,” he said in a statement.
Amnesty International Nigeria also frowned at the action. In a press release, the Director, Isa Sanusi, called on the government to release the detainees, stating that peaceful protest is not a crime and the government charging protesters for treasonable felony is a disregard for human rights.
“President Bola Ahmed Tinubu must immediately and unconditionally order the release of all #EndBadGovernanceInNigeria protesters still unlawfully detained nationwide solely for exercising their right to peaceful protest. Detaining protesters since August and charging them with bizarre offences, including ‘treasonable felony’ and ‘terrorism-related offences’, shows the Nigerian government’s utter disregard for the right to freedom of assembly,” he said.
Arewa Twitter Connect, a forum representing Hausa interests, also issued a 48-hour ultimatum to the Federal Government to release the detained children, or they would embark in a protest.
“We give the Government and the judiciary 48 hours to release these children and provide them with food, shelter and medical care or we shall come out en masse for a peaceful protest,” they threatened.
Earlier, the Deputy Commissioner of Police, Simon Lough, had said the protesters were arrested in Kano, Kaduna, Katsina, Abuja, Gombe, and Sokoto for trying to overthrow President Bola Tinubu and destabilize Nigeria, an offence which, he said, contravenes Section 96 of the Penal Code and punishable under Section 97 of the code.
The police also told the court that the protesters allegedly destroyed some properties including High Court Complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and Promotion Agency and NURTW, thereby committing an offence contrary to Section 410 of the Penal Code (Northern States) Federal Provisions Acts CAP, P3, LFN 2004.
The police further alleged in court that the protesters tried to incite mutiny by calling for the removal of the President and saying they wanted the military. He said they were chanting, “Tinubu must go, Soja Musketo”. In other words, “Tinubu must go, it is the military we want.” This also runs contrary to Section 413 of the Penal Code.
They said the protesters publicly carried Russian flags and displayed it while chanting violent revolutionary songs and calling on the Russian government to overthrow the democratically elected government of Nigeria, which runs contrary to 114 of the Penal Code and punishable under section 111 of the code.
But counsel to the Federal Government, Rimazonite Ezekiel, said the boys standing trial are all adults and not minors.
“These boys we brought to court today, all of them are all adults. Most of them are married men, none of them is a minor. Some of them are university graduates. The small small kids you are seeing here, they came with their parents to come and visit their loved ones,” he told newsmen.
Meanwhile, the Attorney General of the Federation, Lateef Fagbemi, has ordered the police to hand over the case file to him, saying he has commenced plans to move the trial date from January 2025 to a closer date.
“It has come to my notice that the police has arraigned those arrested in connection to the #Endbadgovernance violent protests in court for various offenses including treason. There are some issues my office will need to look into regarding the matter to enable me make informed decisions,” he said.
Fagbemi pointed out that although it is not within his powers to vary the order of the court to remand the defendants in detention centres and adjourning the case to January, he has however directed the Nigeria Police to transfer the case file to his office and hand over to the Director of Public Prosecution of the Federation (DPPF) on November 2, 2024.
“I have further directed the DPPF to immediately put machinery in motion for consideration of the court to bring the adjournment date forward (an earlier date),” he said.
