‘Return Them To Their Families’: NBA Condemns Detention Of Minor Protesters, Says It Damages Nigeria’s Global Image

The Nigerian Bar Association said subjecting minors to such treatment not only violates domestic and international legal protections, but also paints Nigeria in a negative light on the global stage.

The National President of the NBA, Afam Osigwe, who stated this in an interview with PunchNews said the inhumane treatment of the minors constituted a grave violation of their fundamental human rights.

Osigwe said, “This does not make us look good at all. It makes the credence of our correctional facilities and our pre-trial detention condition questionable and deplorable and portrays a negative image of us in the international community.

“Every effort must be made, either to release them (suspects) immediately on account of their long period of incarceration and be reunited with their families or if the Federal Government insists on trying them, they should be returned to the places where they were arrested, so that they will be close to their families and their families will be able to arrange for legal services for them and also be close to them and be able to follow the trial.

“It does not speak good of our criminal justice system that such children looking malnourished are being charged, showing that we have treated them poorly before their trial in court.”

A Senior Advocate of Nigeria, Isiaka Olagunju, condemned the arraignment.

He said the law permits children to be arraigned in a family court rather than a Federal High Court, adding that justice administration was clearly stated in the Child Rights Act.

According to him, keeping the children in detention for more than 48 hours and their eventual arraignment at a Federal High Court was a gross violation of the provision of the Act and the entire constitution.

He said, “This is entirely a breach of the Child Rights Act, which is a part of the laws guiding the federation, but if they are minors, that means they are below the age of 18. The Child Rights Act talks about justice administration and that the child must be arraigned in accordance with the provision of that law.

“I think there is a charge administration in that law, which specifies specific offences and procedures to arraign a child. To arraign a child at a Federal High Court is a serious breach of the constitution and the Child Rights Act. It is highly inappropriate. By the provision of the constitution, you can only be detained for a maximum of 48 hours.

“They cannot keep a minor in custody with adults. They should be kept in juvenile detention, not in a police station. There should be a specific detention for children and not with adults. So, what they are doing is very wrong. Section 204 of the Child Rights Act, Laws of Federation states, ‘No child shall be subjected to the criminal justice process or 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 set out in this Act.’”

Another Senior Advocate of Nigeria and former Dean, Faculty of Law at the Nile University of Nigeria, Abuja, Professor Shehu Zuru, argued that the charges against the protesters were wrong.

He said, “Those who were raising Russian flag, does that even amount to treason? What is treason by the way? This is an organised insurrection against constituted authority. It is an insurrection that has challenged the sovereignty of state. But you can’t compare that to civil disobedience. No!

“But where you have an organised mutiny or insurrection and it has clearly challenged the sovereignty of a state like the Boko Haram accompanied by hoisting of flags, then, that will amount to treason. Like those involved in the Boko Haram movement, of course, that is treasonable. But you can’t just pack people who are involved in an organised civil protest and say they have been involved in treasonable activity, not at all.”

Another lawyer, Festus Ogun, said it was “shameful” that Nigerian authorities charged “poor, homeless, malnourished and out-of-school children” to court for participating in #EndBadGovernance protest.

He argued that the persecution of children by the Federal Government 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 fundamental human rights.

“The Tinubu regime is making a mockery of our criminal justice system by parading minors in this manner. It reflects an unserious approach and tarnishes the community’s reputation,” he stated.

Effiong called for immediate action from the government, urging authorities to discontinue the charges against the minors and focus instead on rehabilitating them.