KEY POINTS
- Femi Falana wants treason charges against minors in the #EndBadGovernance protests dismissed.
- Falana cited national and international laws prohibiting the criminal trial of minors.
- Demands that federal government pay for minors educational expenses fixed by legal mandates.
A renowned human rights lawyer, Femi Falana, SAN, has asked a Federal High Court in Abuja to dismiss charges of treason and other alleged offenses brought against 76 protesters, including minors, who were part of the #EndBadGovernance movement.
Protesters arrested across several states, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano, are facing charges of treason for their roles in the recent demonstrations.
Several minors began collapsing in the courtroom Friday on arrival for a mass arraignment in a sign of the physical and emotional toll of their prolonged detention.
The court also fixed bail at 10 million naira each for the defendants, but the prosecution requested that the court dismiss the charges for the defendants who collapsed.
Grounds for dismissal on legal reasons
Falana, in his defense, filed a preliminary objection, arguing that the court lacks jurisdiction because national and international laws prohibit initiating criminal proceedings against minors.
This, he states, is as prohibited by Section 18 (3) of the 1999 Constitution, Child’s Rights Act and Article 17 of the African Charter, all of which prohibit such prosecutions of minors.
‘No child must be tried in the course of criminal proceedings; they must be processed through the child justice system,’ Falana said.
Therefore he asked the government to pay attention to providing education to these minors, as stipulated in the Child’s Rights Act and the Universal Basic Education Act.
Charges called baseless
Falana also challenged the charges, saying that even carrying placards with inscriptions such as ‘end bad government’ or chanting protest songs do not constitute criminal offences in Nigeria under the country’s Penal Code.
The reference is drawn from Sections 416 and 114 of the Penal Code and also from constitutional provisions, he said, arguing the charges have no legal merit.
Falana also called on the federal government to bear the cost of education of the minors, paying their school fees up to senior secondary or university education as required by law.
Widespread criticism
According to Vanguard, Amnesty International has condemned arraigning the minors as a violation of their legal rights and called on the State to ‘release these children in custody now.
Former Vice President Atiku Abubakar, former Anambra governor Peter Obi, ex–senator Shehu Sani, among prominent Nigerian figures to oppose prosecution of minors, call for minors’ release.
