Human rights lawyer Femi Falana has petitioned a federal high court in Abuja to drop charges against 76 #EndBadGovernance protesters accused of treason.
On Friday, there was a commotion at an Abuja federal high court as three youngsters, among the 76 demonstrators charged, fell while awaiting their arraignment.
The defendants, who were apprehended in Abuja, Kaduna, Gombe, Jos, Katsina, and Kano states, are accused of treason, among other charges.
The court gave them bail of N10 million each, and the prosecutor requested that the names of those who collapsed be removed from the accusation.
In a preliminary objection filed before the court, the defendants, through Falana, claimed that the court lacked authority to hear the charge.
Falana further stated that the juvenile defendants should not be tried under Section 18 (3) (a) (b) (c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter.
The senior lawyer stated that the application, which is based on both national and international legal principles, reaffirms the defendants’ rights to protection under juvenile justice laws while simultaneously emphasising the government’s responsibility to fulfil its educational responsibilities to Nigeria’s young.
Falana said:
“No child shall be subjected to the criminal justice process or to 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…,”
The lawyer also submitted that some counts did not disclose an offence for which the defendants/applicants can be charged/arraigned for.
“This is because, firstly, carrying placards with the inscription ‘end bad government’ and several other inscriptions to incite disaffection to the government cannot and does not constitute an offence pursuant to which an offence can inure under Section 416 of the Penal Code just as displaying Russian flag, chanting revolutionary songs cannot constitute offence under Section 114 of the Penal Code that could be punishable under Section 111 of the Penal Code and we submit with firm conviction that any such charge would fly and fall flat in the face of the superior and exquisite provisions of Sections 1 (1), (3), 6 (6) (B), 36 (1) and 44 of the 1999 Constitution as amended,” he said.
The application also requests that the federal government pay the minors’ school fees “till at least senior secondary school or university level in compliance with Section 18 (3) (a) (b)(c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter”.
Minors’ arraignment has sparked condemnation both within and outside Nigeria.
Amnesty International condemned the children’ detention, stating that it demonstrates the government’s disdain for the rule of law.
