EndBadGovernance: Prosecuting protesters against 1999 constitution — Falana
LAGOS—Rights activist and lawyer, Mr Femi Falana, SAN, yesterday, faulted the Federal Government for prosecuting Nigerians, especially minors, who participated in the #EndBadGovernance protests, saying the move disgraced Nigeria.
Falana, in a statement, argued that the rights of Nigerians to protest against bad policies were guaranteed by Sections 39 and 40 of the Constitution and Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004.
He criticised President Bola Tinubu for allowing the police to charge protesters, including minors, with treason, warning that Nigerians would not be deterred from asking for good governance.
The statement reads: “Even though charges were filed against several protesters in some state capitals, the Nigeria Police Force decided to arraign 130 protesters including 29 minors on 10 counts, including treason, incitement to mutiny by urging the military to remove President Bola Tinubu and other related charges before the Abuja judicial division of the Federal High Court.
“Notwithstanding that section 2(4) of the Terrorism Prevention Act 2022 states that a protest, demonstration or stoppage of work is not a terrorist act, the police sought and obtained an ex parte order to detain the suspects for 60 days to investigate them for alleged involvement in terrorism.
“Although the police had secured an order to detain the suspects for 60 days, they were held for 92 days before they were arraigned in the Federal High Court. Among the suspects were 29 children who were malnourished and dehydrated during their arraignment. Owing to hunger and exhaustion in the congested courtroom, four minor defendants collapsed and they were rushed to a hospital.”
On illegal arraignment of minors in Court, Falana said: “In 2001, Nigeria ratified the United Nations Child’s Rights Convention and enacted the Child’s Rights Act in 2003. We have confirmed that the 36 states of the federation have adopted and enacted the legislation. Thus, under the Child’s Rights Law, applicable in each state, child offenders under the age of 18 years cannot be charged in the Federal High Court or State High Court but in the Family Court.
“The Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, was reported to have said that the minors were properly charged before the Federal High Court because the Constitution makes it clear that the Federal High Court has jurisdiction in matters related to treason and related offences. With respect, the Federal High Court does not have exclusive jurisdiction to try treason and related offences.
“Even if there was a reasonable suspicion that the minors committed treason they ought to have been arraigned in a Family Court under section 149 of the Child’s Rights Act. But contrary to the Child’s Rights Act applicable in the Federal Capital Territory, the minors were charged with treason at the Federal High Court after they had been detained amid hardened criminal suspects in the anti-robbery detention facility in Abuja. Even though they pleaded not guilty to the charge, the arraignment of the minors is illegal in every material particular.
“It is crystal clear that the Federal Government set out to use the case of the 130 protesters to discourage Nigerian people from protesting against the harsh living conditions. Since the plan has since boomeranged, the Federal Government should be advised to appreciate that charging protesters with terrorism, treason, treasonable felony and allied offences will not cow Nigerians to submission.
“Instead of exposing the country to avoidable shame by charging protesters with a crime punishable by death, the police should be directed to comply with the law by providing adequate security for protesters. That is the only means of ensuring that protests are conducted in a peaceful and civilised manner within the ambit of the law.”
