In this report, Ise-Oluwa Ige explores the background facts surrounding the November 1, 2024 arraignment by the Federal Government of 76 persons including 32 minors who participated in the last countrywide #EndBadGovernance protest and surveys senior legal minds on the appropriateness of a high court judge taking the pleas of minors in his court notwithstanding the provisions of the 1999 Constitution and the Child Right Act on the matter.
Senior lawyers appear divided over the November 1, 2024 decision by a Federal high court judge, Justice Obiora Egwuatu to entertain a 10-count treason charge preferred by the Federal Government against 76 persons including 32 minors, who participated in the 10-day #EndBadGovernance protests which held across the country in August, this year.
Some of the lawyers who held opposing views on the issue include the President of the Nigerian Bar Association, Mr Afam Osigwe, SAN, the first President of the Lawyers in Business Institute, LIBI, Aare Isiaka Abiola Olagunju, SAN, a former member of the Imo State House of Assembly and respected silk, Chief Mike Ahamba, SAN, a law lecturer and EFCC prosecutor, Mr Wahab Shittu, SAN, among others.
While they all agreed that it was wrong for the Federal Government to charge protesters with treason, they appear divided on the decision by the trial high court judge to proceed with the arraignment of tens of minors brought before him.
Specifically, some of them were of the view that ordinarily, the judge should have turned back the police prosecutor who brought the charge on the account that arraigning minors before a high court contravenes the laws of the land.
Indeed, one of the senior lawyers invited the National Judicial Council, NJC, to invite Justice Egwuatu for questioning and proper sanctioning.
But another lawyer said Justice Egwuatu committed no offence, arguing that mere looking at the minors was not sufficient enough to conclude that the suspects were actually underage except there were proofs.
Background
Sunday Vanguard reports that the Federal Government had on November 1, this year, arraigned 76 persons including 32 minors who participated in the 10-day #EndBadGovernance protests in August, this year, before the Abuja division of the Federal high court.
The protesters who were all clamped in detention with hardened criminals for three months, were arrested in the Federal Capital Territory (Abuja), Kaduna, Gombe, Jos, Katsina, and Kano states.
They were arraigned by the Inspector General of Police on 10 counts bordering on treason, intent to destabilise Nigeria and inciting to mutiny by calling on the military to take over the government from President Bola Tinubu, among others.
Specifically, they were accused to have between July 31, 2024 and August 10, 2024, in Abuja FCT, Kaduna, Kano and Gombe, within the jurisdiction of the court, while acting in concert with Andrew Martin Wynne (aka Andrew Povich) a British citizen, with intent to destabilise Nigeria, levied war against the state in order to intimidate or overawe the president, by attacking and injuring police officers and burning police stations, High Court Complex, NCC Complex, Kano Printing Press, Government House Kano, Kaduna Investment and Promotions Agency office, NURTW office and several other buildings and thereby committed an offence contrary to section 410 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 2004”.
The government also accused them of having the plan to destabilise Nigeria by calling on the military to take over government from President Bola Ahmed Tinubu and by chanting, ‘Tinubu must go,’ ‘It is military we want’, while rioting and disturbing public peace.
As proceedings in the matter commenced, the visibly unwell children were called to the dock to enter their pleas.
But in a sudden turn of events, four of the children— Umar Yunusa, Usman Suraju, Musa Isiyaku and Abdul Ganiu— suddenly collapsed and were rushed out of the courtroom, forcing the presiding judge to suspend the session until order was restored.
He thereafter admitted the accused persons to N10m bail each with an order that until they met their bail terms, defendants who are 18 years and above should be remanded in the Kuje Custodial Centre while the minors (18 years and below) be remanded in the Borstal Centre in Gwagwalada.
The proceedings had sparked controversy in the polity particularly with the admission of the judge in his ruling that some of the protesters he allowed the Federal Government to arraign before him were actually minors.
The Nigerian law does not permit children to be arraigned before a high court—Olagunju, SAN
For instance, a respected member of the inner bar and first President of the Lawyers in Business Institute, LIBI, Aare Isiaka Abiola Olagunju, SAN condemned the arraignment.
He said the law does not permit children to be arraigned before a Federal High Court but rather in a family court, citing provisions of the Child Rights Act and the 1999 Constitution.
He said it was not only wrong keeping the children in detention for more than 48 hours, their eventual arraignment at a Federal High Court was also a gross violation of the provision of the Act and the entire constitution.
“This is entirely a breach of the Child Rights Act, which is a part of the laws guiding the federation, but if they are minors, that means they are below the age of 18.
“To arraign a child at a Federal High Court is a serious breach of the constitution and the Child Rights Act. It is highly inappropriate. By the provision of the constitution, you can only be detained for a maximum of 48 hours.
“They cannot keep a minor in custody with adults. They should be kept in juvenile detention, not in a police station. There should be a specific detention for children and not with adults. So, what they are doing is very wrong,” he added.
The high court judge should not have proceeded with the arraignment of the minors—Ahamba, SAN
Also supporting Olagunju, SAN, another senior lawyer and respected member of the inner bar, Chief Mike Ahamba, SAN simply said: “If you bring people into court on this kind of issue, the judge should have said: you cant do this and refuse to do it.
“For detaining children, the underage for three months in prison, I have nothing against the President on that issue. I have nothing against the judge who made the detention order.
“But I will be disturbed if the National Judicial Council, NJC, does not invite the judge for questioning because it is elementary that every lawyer knows that you don’t put underage people in custody with criminal adults. They are always put in the custody of either a parent or an uncle or somebody. You don’t send them to prison yard.
“That is what I believe every lawyer knows including anyone who purports to be a judge unless that person is purporting to be a lawyer. If he is a true lawyer, he should know. That is where Im concerned that a judge will allow that thing to happen under his or her charge.
“I mean whatever they did in government interest shouldn’t influence a judge. He should do what is right. Why keep underage in prison yards for months? Why? I’m very bitter. That is where I’m very concerned.
“It is for the legal profession to checkmate others. And if the legal profession now subjects itself to the vicissitude of the political class, then, we are in trouble in this country.
“So, the Attorney General of the Federation and the judge who made the order should be called to question by the Nigerian Bar Association and the National Judicial Council as the case may be. That is my position on that point,” he added.
NBA President kicks
The President of the Nigerian Bar Association, Afam Osigwe, SAN also deprecated the development.
But a renowned EFCC prosecutor and Law teacher, Mr Wahab Shittu, SAN urged Nigerians against jumping into hasty conclusion regarding the conduct of the trial judge in the case.
You cant hastily convict the judge until there is proof the protesters are minors—Wahab Shittu, SAN
Shittu said the mere fact that the suspects looked underage was not sufficient to conclude they were underage.
“In my view, we need to first of all verify that the elements involved are under-age children through proper verification procedure. If they are actually children, what age? Are they ought to have been tried before a juvenile court? Depending on their ages, we cant determine whether it was appropriate or not appropriate to have arraigned them before a federal high court or a juvenile court.
“I think the court functions through the elements of proof. And that is our training as lawyers that we deal with evidence and the elements of proof. I think what the court can do in the circumstance is to request and direct that they furnish the ages of those children.
“The court in the exercise of its jurisdiction can make such an order before proceeding with further adjudication. But the court cannot just look at suspects brought before it and assume they re minors or adults. That will be arbitrary exercise of judicial powers.
“The danger of making or drawing general conclusion is that we don’t have before us any clear evidence on the ages of these children. But notwithstanding that, the action taken so far by the Attorney-General who upon the issue coming before the public domain, requested that the file should be transferred to his office before he can make informed decision, in my view is salutary.
Lawyers Without Border blasts FG, judge
Avocats Sans Frontières France (Lawyers without Borders France) has said that it is deeply disturbed by reports that minors detained in connection with the #EndBadGovernance protests in Nigeria faced severe mistreatment with some reportedly collapsing in court due to malnutrition and harsh detention conditions.
According to the Country Director of ASF France in Nigeria, Mrs. Angela Uzoma-Iwuchukwu said “Detaining minors under conditions that jeopardize their health and wellbeing is a flagrant violation of their rights. Children are entitled to special protection under national and international law, and their prolonged detention without adequate care is both unlawful and inhumane.
ASF France urged the Nigerian government to uphold its commitments under the CRC and to ensure that the rights of children, including those to protection, development, and participation, are respected without exception. The mistreatment of detained minors is not only a legal failure but a moral one, undermining Nigeria’s duty to its young citizens and eroding trust in the justice system
