Twenty-nine children could be facing death penalty in Nigeria after they were arraigned on Friday over treasonable charge for participating in a protest against the country’s high cost of living.
Four of them collapsed in court due to exhaustion before they could enter a plea.
A total of 76 protesters were charged with 10 felony counts, including treason, destruction of property, public disturbance and mutiny, according to the chargesheet seen by The Associated Press.
According to the chargesheet, the minors ranged in age from 14 to 17 years old.
Frustration over the cost-of-living crisis has led to several protests in recent months. In August, at least 20 people were shot dead and hundreds more were arrested at a protest demanding better opportunities and jobs.
Related news: Obi, Kwakwanso and Sowore Shocked over Trial of minors by FG
The death sentence was introduced in the 1970s in Nigeria, but there have been no executions in the country since 2016.
Earlier, the Federal Government’s Counsel, Rimazonte Ezekiel, claimed that some of the 76 minors arraigned for the #EndBadGovernance protests are adults.
Ezekiel alleged that some have wives who appeared in court with their parents.
He stated this on Friday while speaking to journalists after the ruling that set bail for the minors at N10 million each, totalling N760 million.
It was reported that Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to 76 #EndBadGovernance protesters, setting a total bail amount of N760 million, with two sureties per defendant.
The judge specified that one of the sureties must be a Level 15 civil servant, and the other should be the defendant’s parent. He further instructed the sureties to submit letters of last promotion, letters of appointment, identification, and verified addresses to the court.
Additionally, they must deposit their international passports with the court registrar, provide passport photographs, and swear an affidavit of means.
Egwuatu said, “The defendants are granted bail in the sum of N10 million each, with two sureties in like sum. One of them must be a Level 15 civil servant, and the other a parent of the defendant.”
NBA’s President, Lawyers condemn minors’ prosecution
The President of the Nigerian Bar Association (NBA) Mazi Afam Osigwe, SAN, has unequivocally condemned the prosecution of underaged ‘suspects’ by the Nigeria Police.
The 32 minors were arraigned alongside adult suspects before Justice Obiora Egwuatu of the Federal High Court, Abuja Division for participating in the #EndBadGovernance protests last August
Reacting, the Nigerian Bar Association said subjecting minors to such treatment not only violates domestic and international legal protections, but also paints Nigeria in a negative light on the global stage.
The NBA President, Osigwe, SAN who stated this in an interview with Saturday PUNCH, said the inhumane treatment of the minors constituted a grave violation of their fundamental human rights.
Osigwe said, “This does not make us look good at all. It makes the credence of our correctional facilities and our pre-trial detention condition questionable and deplorable and portrays a negative image of us in the international community.
“Every effort must be made, either to release them (suspects) immediately on account of their long period of incarceration and be reunited with their families or if the Federal Government insists on trying them, they should be returned to the places where they were arrested, so that they will be close to their families and their families will be able to arrange for legal services for them and also be close to them and be able to follow the trial.
“It does not speak good of our criminal justice system that such children looking malnourished are being charged, showing that we have treated them poorly before their trial in court.”
A Senior Advocate of Nigeria, Isiaka Olagunju, also condemned the arraignment.
He said the law permits children to be arraigned in a family court rather than a Federal High Court, adding that justice administration was clearly stated in the Child Rights Act.
According to him, keeping the children in detention for more than 48 hours and their eventual arraignment at a Federal High Court was a gross violation of the provision of the Act and the entire constitution.
He said, “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. The Child Rights Act talks about justice administration and that the child must be arraigned in accordance with the provision of that law.
“I think there is a charge administration in that law, which specifies specific offences and procedures to arraign a child. 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. Section 204 of the Child Rights Act, Laws of Federation states, ‘No child shall be subjected to the criminal justice process or 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 set out in this Act.’’
Another Human rights lawyer, Inibehe Effiong, described the arrest and detention of the minors as a violation of their fundamental human rights.
“The Tinubu regime is making a mockery of our criminal justice system by parading minors in this manner. It reflects an unserious approach and tarnishes the community’s reputation,” he stated.
Effiong called for immediate action from the government, urging authorities to discontinue the charges against the minors and focus instead on rehabilitating them.
Nigerian Police disagree
The Nigeria Police Force Public Relations Officer, Muyiwa Adejobi, said on Friday that children above the age of seven can be charged to court.
Adejobi stated this while responding to questions regarding the arraignment of minor #EndBadGovernance protesters at the Federal High Court, Abuja.
According to him, those exempt from criminal liability under the law are children under the age of seven, emphasising that the arraigned individuals are 13 years old and above.
He said, “Those exempt from criminal liability under the law are those below seven. Once you are above seven, you can be charged to court.
The only consideration is the specific procedures required. None of them is younger than seven. The youngest is around 13.
“The fact that someone is 13 does not mean they cannot be charged to court. Even under the Children and Young Persons Act, individuals can still be charged. We have charged them on behalf of the Federal Government.
“These are individuals who leveraged the #EndBadGovernance protests, hijacked it, became violent, and displayed flags from Russia and other countries, which is, of course, an offence. They are criminally liable, and we have not charged anyone underage.”
He also condemned individuals wearing police uniforms without authorisation.
