NHRC Lauds AGF’s Intervention In Minors’ Treason Case, Decries Court’s “Draconian Bail Conditions – TheNigeriaLawyer

The National Human Rights Commission, NHRC, has condemned the treason charge the Nigeria Police Force entered against minors that were accused of participating in the recent EndBadGovernance protest that held across the country.

The rights body, through its Executive Secretary, Mr. Tony Ojukwu, SAN, maintained that the arraignment of the minors for allegedly attempting to overthrow the government of President Bola Tinubu, “clearly contravenes a plethora of national, regional and international laws.”

While commending the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, for asking the police to transfer the case-file to his office for a review, the Commission knocked the Federal High Court in Abuja for imposing what it described as “draconian bail condition” that would be impossible for the accused teenagers to fulfill.

It decried that the trial judge, who should have known better than the police, proceeded to adjourn the case till January 2025, notwithstanding the fact that the minors have been in detention since August.

“Infact, the judge witnessed some of the children looking malnourished and unwell which calls to question the mental state of the judge when imposing such bail conditions on the children and minors for participating in a protest now turned treason.

“The Commission wishes to state that the arrest, detention and arraignment of these minors by the Nigerian Police on charges of treason and attempting to overthrow a legitimate government among other charges, clearly contravenes a plethora of national, regional and international laws,” the NHRC added.

It said the action of the police which was “widely considered as an excessive and inappropriate use of State Institutions against Citizens and even worse when the victims are children and minors whose best interest were not considered at all in line with the law,” raised significant concerns.

More so, the Commission stressed the importance of ensuring that legal proceedings align with children’s rights as protected under the Nigeria’s Child’s Rights Act 2003, the Administration of Criminal Justice Act 2015 (ACJA), and some regional and international legal frameworks, including the African Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rights of the Child (CRC).

“These frameworks emphasize that children should be treated differently and separated from adults within the justice system, focusing on their best interest, protection and rehabilitation rather than harsh punitive measures,” the Commission added in a statement that was signed by its Director Corporate Affairs and External Linkages Department, Mr. Obinna Nwakonye.

The NHRC said its criticism mainly centered “on insensitivity of the prosecution and the court for the lack of humanity, accountability and impunity in the application of the law to the children, the severe nature of the charges, the draconian bail conditions and the potential for the psychological harm such impunity in actions might cause minors, bearing in mind that there are procedures for the treatment of the underaged, even when they come in conflict with the law.”

It said: “When treated in the way the prosecution and the court have done, our children could grow up with deep grudge against society, and unleash huge contempt on society in future.

“We are therefore calling for immediate corrective action to ensure that children are not unfairly subjected to extreme inhumanity and slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state.”

Besides, the Commission insisted that the incident also pointed to broader systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary on the need to protect child rights in compliance with both national and international human rights standards.

It said the intervention of the AGF, who directed that the case-file should be handed over to the Director of Public Prosecution of the Federation, DPPF, “is seen as a positive step towards ensuring a fair and careful evaluation of the charges levelled against the minors, providing an opportunity to reassess the appropriateness of the charges, the combination of adults and children in the same charges, the venue of trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a host of other considerations enumerated in the law concerning the treatment of Children when in conflict with the law.”

“These considerations have been disregarded with impunity so far by both the police and the trial Judge therefore casting doubts as to whether the children can get fairness and justice from the current handlers within the police and court under the circumstances.

“The intervention of the HAGF further underscores the importance of prosecutorial and judicial oversight, particularly in cases involving children for serious allegations like treason.

“By involving the DPPF, the Attorney General’s office has demonstrated a commitment to upholding due process and the rights of children, who should be afforded protections and rehabilitation within the justice system.

“The NHRC’s position is to use this opportunity to re-emphasize the right to peaceful protest during the End Bad Governance Protests and the need for a balanced approach to justice, ensuring that the legal rights of minors are by protected and that any legal proceedings reflect the principles of fairness and child protection as outlined in Nigeria’s legal frameworks,” the statement further read.

It will be recalled that police had on Friday, arraigned 72 persons that included minors, before the Federal High Court in Abuja for participating in the recent nationwide protest.

The 10-count charge against the defendants bordered on treason.

Four minors that were cited as defendants in the case collapsed before the charge could be read to them in court, a development that prompted their exclusion from the trial.

Following a plea of not guilty by the defendants, trial Justice Obiora Egwuatu imposed a N10million bail term on each of the minors, even as he ordered them to provide two sureties in like sum.

The court held that one of the sureties must not be below grade level 15, adding that the second surety must be a parent of the defendants.