Afrigather Nigerians have expressed outrage over the arraignment of 76 suspects, together with 32 minors, earlier than Justice Obiora Egwuatu on the Abuja division of the Federal Excessive Courtroom for taking part within the #EndBadGovernance protests in August.
Civil society teams and rights activists slammed the police and the federal government over the matter.
The defendants, who’ve been in detention for 3 months, have been arrested within the Federal Capital Territory (Abuja); in addition to Kaduna, Gombe, Jos, Katsina, and Kano states.
They have been arraigned by the Inspector Normal of Police on 10 counts bordering on treason, intent to destabilise Nigeria and inciting to mutiny by calling on the navy to take over the federal government from President Bola Tinubu, amongst others.
The nationwide protest towards financial hardship and poor governance occurred from August 1 to 10, with demonstrators calling for decreased governance prices, the reinstatement of petrol subsidy, meals safety, and larger fiscal self-discipline.
The protest turned violent in some states, resulting in incidents of looting and vandalism.
Among the many 76 defendants arraigned on Friday, 32 of them have been minors between the ages of 14 and 17.
The minors, who seemed unkempt and malnourished, have been seen scrambling for water and biscuits in video clips that went viral on social media on Friday.
As proceedings commenced, the visibly unwell kids have been known as to the dock to enter their pleas.
However in a sudden flip of occasions, 4 of the kids instantly collapsed and have been rushed out of the courtroom, forcing the presiding choose to droop the session till order was restored.
The minors wriggled in ache and made a screeching sound on the ground as each legal professionals and jail officers hurriedly carried them up, holding their arms and legs. They have been then taken out of the courtroom, as they couldn’t stand on their ft.
Watching with a bewildered look of pity and irritation, Justice Egwuatu abruptly rose and went into his chambers.
Upon his return, the prosecution counsel, Audu Garba, advised the court docket that the matter was for arraignment.
He mentioned, “My Lord the matter is mounted for arraignment. Among the defendants are exterior as a result of lack of area within the courtroom to accommodate all of them.”
The choose, nevertheless, insisted that area must be created for all of them, as he needed all defendants contained in the courtroom.
The prosecution proceeded to ask the court docket to strike out the names of the sick defendants and discharge them pending once they get effectively to be introduced again to the court docket to reply to their fees.
The protection counsel, Marshall Abubakar, nevertheless, requested the court docket to discharge and acquit them.
He mentioned, “The appliance is on the truth that the defendants are sick and malnourished. These boys are hungry and haven’t been fed for 3 days.”
The prosecution, nevertheless, objected to the defence counsel’s submission, insisting that the defendants, who had been detained since August once they have been arrested, have been effectively catered for within the police cell the place that they had been stored.
He, nevertheless, requested the court docket to grant the defendants bail.
The court docket, on the submission of the prosecution, discharged the 4 sick defendants – Umar Yunusa, Usman Suraju, Musa Isiyaku and Abdul Ganiu – pending once they get effectively.
The court docket, nevertheless, refused to acquit them.
Justice Egwuatu declared that till they meet their bail phrases, defendants who’re 18 years and above must be remanded within the Kuje Custodial Centre whereas the minors (18 years and beneath) be remanded within the Borstal Centre in Gwagwalada.
Nigerians condemned the undue detention and arraignment of the defendants, describing them as a violation of human rights and a sign of the federal government’s method to civil dissent.
The fees introduced towards them learn partially, “That between July 31, 2024, and August 4, 2024, on the Abuja FCT and Kano Metropolis, inside the jurisdiction of this court docket, whereas performing in live performance and with intent to destabilise Nigeria, conspired collectively to commit felony to wit: treason.”
Rely two, “That inside the jurisdiction of this court docket, whereas performing in live performance and with intent to destabilise Nigeria conspired collectively to commit felony to wit: inciting to mutiny, thereby committing an offence.
Rely three, “That between July 31, 2024 and August 10, 2024, in Abuja FCT, Kaduna, Kano and Gombe, inside the jurisdiction of this court docket, whereas performing in live performance with Andrew Martin Wynne (aka Andrew Povich) a British citizen, with intent to destabilise Nigeria, levies struggle towards the state with the intention to intimidate or overawe the president, by attacking and injuring cops and burning police stations, Excessive Courtroom Advanced, NCC Advanced, Kano Printing Press, Authorities Home Kano, Kaduna Funding and Promotions Company workplace, NURTW workplace and a number of other different buildings and thereby dedicated an offence opposite to part 410 of the Penal Code (Northern States) Federal Provisions Act CAP P3 LFN 2004”.
The FG additionally accused them of getting the plan to destabilise Nigeria by calling on the navy to take over authorities from President Bola Ahmed Tinubu and by chanting, ‘Tinubu most go,’ ‘It’s navy we wish’, whereas rioting and disturbing public peace.
Justice Egwuatu, nevertheless, granted the protesters bail within the complete sum of N760m with two sureties in like sum.
The choose additional held that one of many sureties should be a stage 15 civil servant and the opposite a dad or mum to the defendants.
He additionally ordered that the sureties make out there to the court docket a way of identification, letter of final promotion, letter of appointment, technique of Identification and a verified handle.
Justice Egwuatu mentioned, “The defendants are granted bail within the sum of N10m every with two sureties in like sum.
NBA, SANs decry rights abuse
Reacting, the Nigerian Bar Affiliation mentioned subjecting minors to such therapy not solely violates home and worldwide authorized protections, but additionally paints Nigeria in a damaging gentle on the worldwide stage.
The Nationwide President of the NBA, Afam Osigwe, who said this in an interview with Saturday PUNCH, mentioned the inhumane therapy of the minors constituted a grave violation of their basic human rights.
Osigwe mentioned, “This doesn’t make us look good in any respect. It makes the credence of our correctional amenities and our pre-trial detention situation questionable and deplorable and portrays a damaging picture of us within the worldwide group.
“Each effort should be made, both to launch them (suspects) instantly on account of their lengthy interval of incarceration and be reunited with their households or if the Federal Authorities insists on making an attempt them, they need to be returned to the locations the place they have been arrested, in order that they are going to be near their households and their households will be capable of prepare for authorized companies for them and likewise be near them and be capable of comply with the trial.
“It doesn’t communicate good of our prison justice system that such kids trying malnourished are being charged, exhibiting that we now have handled them poorly earlier than their trial in court docket.”
A Senior Advocate of Nigeria, Isiaka Olagunju, condemned the arraignment.
He mentioned the regulation permits kids to be arraigned in a household court docket reasonably than a Federal Excessive Courtroom, including that justice administration was clearly said within the Youngster Rights Act.
In response to him, retaining the kids in detention for greater than 48 hours and their eventual arraignment at a Federal Excessive Courtroom was a gross violation of the supply of the Act and your complete structure.
He mentioned, “That is solely a breach of the Youngster Rights Act, which is part of the legal guidelines guiding the federation, but when they’re minors, meaning they’re beneath the age of 18. The Youngster Rights Act talks about justice administration and that the kid should be arraigned in accordance with the supply of that regulation.
“I feel there’s a cost administration in that regulation, which specifies particular offences and procedures to arraign a toddler. To arraign a toddler at a Federal Excessive Courtroom is a critical breach of the structure and the Youngster Rights Act. It’s extremely inappropriate. By the supply of the structure, you possibly can solely be detained for a most of 48 hours.
“They can not preserve a minor in custody with adults. They need to be stored in juvenile detention, not in a police station. There must be a particular detention for kids and never with adults. So, what they’re doing could be very fallacious. Part 204 of the Youngster Rights Act, Legal guidelines of Federation states, ‘No little one shall be subjected to the prison justice course of or prison sanctions, however a toddler alleged to have dedicated an act which might represent a prison offence if he have been an grownup shall be subjected solely to the kid justice system and processes set out on this Act.’”
One other Senior Advocate of Nigeria and former Dean, School of Regulation on the Nile Universityof Nigeria, Abuja, Professor Shehu Zuru, argued that the fees towards the protesters have been fallacious.
He mentioned, “Those that have been elevating Russian flag, does that even quantity to treason? What’s treason by the best way? That is an organised rebel towards constituted authority. It’s an rebel that has challenged the sovereignty of state. However you possibly can’t examine that to civil disobedience. No!
“However the place you’ve gotten an organised mutiny or rebel and it has clearly challenged the sovereignty of a state just like the Boko Haram accompanied by hoisting of flags, then, that can quantity to treason. Like these concerned within the Boko Haram motion, after all, that’s treasonable. However you possibly can’t simply pack people who find themselves concerned in an organised civil protest and say they’ve been concerned in treasonable exercise, by no means.”
One other lawyer, Festus Ogun, mentioned it was “shameful” that Nigerian authorities charged “poor, homeless, malnourished and out-of-school kids” to court docket for taking part in #EndBadGovernance protest.
He argued that the persecution of kids by the Federal Authorities was unacceptable and constituted a gross violation of human rights.
Human rights lawyer, Inibehe Effiong, described the arrest and detention of the minors as a violation of their basic human rights.
“The Tinubu regime is making a mockery of our prison justice system by parading minors on this method. It displays an unserious method and tarnishes the group’s status,” he said.
Effiong known as for quick motion from the federal government, urging authorities to discontinue the fees towards the minors and focus as a substitute on rehabilitating them.
Atiku, Obi, senator slam Tinubu’s govt
Former Vice President Atiku Abubakar mentioned the detention and prosecution of the minors had uncovered the inhuman nature of the Tinubu administration.
Atiku, in an announcement issued by his media workforce in Abuja, lamented that the pitiable sight of the kids within the courtroom was harking back to the notorious Nazi focus camp.
The Peoples Democratic Get together presidential candidate within the 2023 election additionally famous that it was an “utter violation” of Part 11 of the Youngster’s Rights Act, which ensures that no little one must be subjected to bodily, psychological, or emotional harm in addition to torture and inhumane punishment.
He mentioned, “If they’re simply being arraigned three months later, one can solely think about the form of dehumanising circumstances that they had been subjected to and have been detained all this whereas.
“I discover it reprehensible {that a} man who claims to have fought for Nigeria’s democracy and had led protests now demonises those that resolve to show towards the consequences of his harsh and draconian insurance policies.
“Kids who’re probably the most affected by these insurance policies have each proper to protest peacefully as assured by the structure and the Youngster Rights Act. A nation will be assessed by the best way it treats its most susceptible residents. It’s saddening that even underage kids usually are not spared from the wickedness of T Ache.”
The presidential candidate of the Labour Get together, Peter Obi, additionally expressed dismay over the therapy of the minors.
“I wish to name on related authorities, particularly the Minister of Justice and the Legal professional Normal of the Federation, the Police, and the DSS, in addition to the Nationwide Human Rights Fee, to totally examine such inhuman therapy of minors to avert such incidents sooner or later,” Obi mentioned.
The lawmaker representing Niger East (APC), Senator Sani Musa, known as on the IG to research the inhumane detention and prosecution of the protesters.
Musa, who additionally chairs the Senate Committee on Finance, urged the NJC to probe the choice of the choose who presided over their case.
CDHR, Amnesty Intl, SERAP, NEF condemn detention
Additionally reacting, the President of the Committee for the Defence of Human Rights, Debo Adeniran, mentioned it was unexplainable {that a} supposed progressive authorities may maltreat kids in the best way it had finished.
Adeniran said that it was merciless to arrest and detain the minors for days with out trial, including that the ill-treatment meted out to the kids was condemnable.
He mentioned, “The #EndBadGovernance, #FearlessOctober and different protests will probably be a toddler’s play if the federal government continues to stoke embers of violence contained in the citizenry. Lots of people are indignant with the federal government, and what the federal government ought to do is to steer them to provide you with schemes that can douse the strain.”
Amnesty Worldwide additionally condemned the continual detention of the minors who have been arrested in August for allegedly taking part within the #EndBadGovernance protest in August.
Amnesty, in an announcement posted on X (previously Twitter), described the trial of the minors for treason as a “sham” and demanded the unconditional launch of the defendants.
“The makes an attempt to place the minors by means of a sham trial over alleged treason reveals the federal government’s utter disregard for the rule of regulation. The authorities should launch them instantly and unconditionally”, the assertion learn.
Additionally talking, the Nationwide Coordinator of the Take it Again Motion, Juwon Sanyaolu, mentioned it was “dishonourable” for underage kids to face such destiny.
“The Federal Authorities is a shame, arraigning underage kids for capital punishment for protest after ravenous them for months. See how malnourished and unkempt they seemed. That is an egregious crime towards humanity,” Sanyaolu mentioned.
The Civil Society Legislative Advocacy Centre appealed to Tinubu to finish the prosecution of the minors by ordering their launch of the kids.
The organisation, in an announcement by its Government Director, Auwal Rafsanjani, additionally urged worldwide our bodies to hitch in condemning the incident and pressuring the Nigerian authorities for an unconditional launch.
Reacting through its X deal with, the Socio-Financial Rights Accountability Undertaking condemned the detention of the minors, calling on President Tinubu to right away launch them or face authorized motion.
“The Tinubu administration should unconditionally launch the 76 #EndBadGovernance protesters and drop all fees of ‘treasonable felony’ towards them, or face authorized motion. Nobody ought to ever be punished for the peaceable train of their human rights”, the put up learn.
A spokesperson for the Northern Elders Discussion board, Abdulazeez Sulaiman, described the kids as frail and fearful, representing a profound societal failure.
Sulaiman emphasised that accusing kids of treason, a critical cost sometimes reserved for adults, was troubling and mirrored “a disturbing distortion of authorized and ethical ideas.”
He argued that kids, inherently harmless and unable to understand political complexities, ought to by no means be subjected to such grave accusations.
“Their detention, significantly in a politically charged ambiance, raises critical considerations about potential abuse and neglect, violating their basic human rights,” he mentioned.
He urged the worldwide group to take motion, calling for solidarity and a dedication to guard susceptible people.
(Punch)
