…. As outrage trails detention, prosecution of children protesting hunger
The Federal Government is under mounting criticism following the detention and prosecution of 76 protesters, mostly minors, accused of participating in August’s #EndBadGovernance protests spurred by skyrocketing food prices and worsening living conditions.
The young protesters, mostly aged 12 to 15, now face charges including; terrorism, mutiny and attempting to overthrow the government, a response that has drawn strong backlash from both civil society organisations the international community.
Since their detention on August 3, 2024, the children have been held in custody, sparking debate over the severity of their treatment.
The protesters were presented in court on Friday, with some reportedly fainting during arraignment before Justice Obiora Egwuatu of the Federal High Court in Abuja.
Read also: Atiku, Obi knock FG for detention, prosecution of minors over #EndBadGovernance protest
Justice Egwuatu granted bail to 67 of the minors, setting bail conditions at N10 million each—a high and unattainable sum for most Nigerians, especially those affected by the current cost-of-living crisis.
In a controversial remark, Kayode Egbetokun, the inspector-general of police, called the fainting episodes of minors in court “scripted,” a comment that has only fueled public anger.
Lateef Fagbemi, the attorney general and minister of justice, has assumed control over the case from the police, acknowledging the public concern surrounding the detention of the children.
The arraignment has fueled an outpouring of criticism from organisations like Amnesty International and opposition leaders, including Atiku Abubakar, former vice president, Peter Obi, former governor of Anambra State, among others.
They all condemned the federal government’s treatment of children in distress.
In a post on X, Atiku compared the scene in court to a “Nazi concentration camp,” lamenting what he described as the government’s disregard for the vulnerable.
Obi, the presidential candidate of the Labour Party in the last general elections, echoed these sentiments, saying “the offense being alleged against these suspects, including minors, is protesting against bad governance that was directly affecting their livelihood and which our constitution under a democratic dispensation guarantees them.”
“It is infuriating that while our leaders enjoy perks and luxuries funded by taxpayers, children are being prosecuted for simply wanting food,” said Adewale Babatunde, a civil rights lawyer. “This case highlights the gross inequality in Nigeria.”
Lawyers said that the Child Rights Act does not allow any child to be subject to criminal proceedings and sentenced to death, warning that the government action was a violation of the country’s law.
Even as the government faces questions over the fate of these detained minors, broader issues loom. Nigeria is home to over 18.3 million out-of-school children, many forced to roam the streets, vulnerable to exploitation, and largely abandoned by the state.
Read also: AGF takes over case of detained #EndBadGovernance minors amid public outcry
The issue is concentrated in the North, a region also bearing the brunt of high poverty rates and food insecurity.
“These children are not just a statistic, they are a reminder of the millions left behind by a system that has consistently failed to deliver,” said a social worker in Northern Nigeria.
“If Northern leaders are not benefiting from the millions of out of school children across the region then they should fix the issue, and urgently too,” said Dipo Awojide, an education advocate. “The South has its own problems but the North is behind on all developmental index. This is a fact. The data does not lie.”
“These children, who are obviously malnourished and need medical attention have been subjected to a cruel experience when they should be in school,” Rabiu Musa Kwankwaso , former defense minister and former presidential candidate of the New Nigeria People’s Party (NNPP) wrote on X.
“The arraignment of such [a] number of minors in their states is highly unusual and negates every tenet of the protection of human rights and dignity,” he added.
Human Rights group, Amnesty International, described the minor’s arrest and detention as illegal and charged the federal government to release the minors.
“Amnesty International condemns President Bola Tinubu’s government for the continues detention of minors for participating in the August #EndBadGovernanceInNigeria protests.
“The attempts to put the minors through a sham trial over alleged ‘treason’ shows the government’s utter disregard for the rule of law. The authorities must release them immediately and unconditionally”, the group said in a statement.
Oby Ezekwesili, a former Minister of Education, also took swipe at President Bola Tinubu over the incident in an open letter via X.
Ezekwesili criticized President Tinubu for punishing its citizens for daring to tell him the truth about bad governance by his administration.
Ezekwesili asserted that Nigerian political leaders have serially failed the test of leadership because they act as wicked rulers who feel entitled to the publicly-funded luxurious life, while repressing and pauperizing the citizens.
She also urged Tinubu to stop the prosecution of the minors and send the children back to their parents and ensure they are compensated for the physical, mental, emotional and overall psychological damage.
She wrote: “LETTER TO @officialABAT Here is the sordid evidence of the @NigeriaGov punishing your citizens for daring to tell you the truth of #BadGovernance by your administration. No one can ever solve a Problem they deny and refuse to own. No one.
“Agitation to #EndBadGovernanceInNigeria is shared by overwhelming majority of your citizens. For real. How many of your Citizens can you take to court like done to these minors? How many of your Citizens can you detain and deprive of their freedoms like done to these minors?
“Hear me. No ruler has ever won against their people forever. Check history. Note that I wrote ruler and not leader. The repressive class of politicians in Nigeria are not leaders. You all have serially failed the “test of leadership” because you act as wicked rulers who feel entitled to the “publicly-funded luxurious life” while repressing and pauperizing the citizens.
Read also: AGF requests case files of #EndBadGovernance protesters after public outrage
“Second, @officialABAT, the evident corrupted capture of our Judiciary by the @NigeriaGov is playing out daily on Candid Camera before the eyes of the world. The trial of these minors is one of many examples these days. Stop the wicked prosecution of these minors immediately and send the children back to their parents and guardians”.
Also reacting, Ayo Kusamotu, a senior lawyer, said that the government action was a violation of the rights of the children and should be condemned by well-meaning Nigerians.
He said was there was justification for the judge to give such stringent bail conditions when the minors will not be able to meet up with them.
According to him, “Is bail useful if the conditions are so difficult that the accused is unable to meet the terms ? We were taughtin law school that the intention of bail is to ensure that the defendants show up for their trial and nothing else.
“Nigeria has moved into a space where criminal prosecution is now weaponised. Prosecution can not take place without going through the court process.
“Regardless of the strength of the charges, defendants who are arraigned before a Nigerian court will be remanded in a correctional centre.
“We have collectively failed these children. This sorry scene is descriptive of the abysmal level that our country has fallen into. We have only one country and more importantly one life. We should make the journey worth it and stand on the side of truth”.
Shehu Sanni, former federal lawmaker, said that the government would not achieved anything with the months of detention and arraignment of the poor children, noting that all of them are at the ages of their children and grandchildren.
Due the outcries the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi on Friday night asked the Nigeria Police to transfer the casefile of the 76 Endbadgovernance protesters who were arraigned for treason.
In a statement the AGF said the case would be taken over by the Director of Public Prosecution of the Federation (DPPF) under the Office.
He said that he has directed that the DPPF commence the process for the consideration of the court to bring the adjournment date forward than the January next date.
Fagbemi added that his move on the matter was necessary to make him make an informed decision.
On Thursday, the United Nations’ food agencies listed Nigeria as a “hotspot of very high concern,” with significant numbers of people facing or projected to face critical levels of acute food insecurity.
The report underscores a grim reality in a country with over 210 million people, many of whom struggle to afford basic meals while watching public officials enjoy some of the continent’s highest salaries.
For the detained minors, their families, and the public, the recent events spotlight the harsh inequalities and governance failures that have left millions of Nigerians struggling.
Many are now looking to the attorney general’s review of the case as a potential turning point, but for others, it is a reminder of how far Nigeria has yet to go in its fight for a fair and just society.
According to the Nigerian correctional service, about 40 percent of prisoners in Nigeria are minors. While about 70 percent of that figure are juvenile detainees who are held without trial based on data from Legal Aid Council.
However, the juvenile justice system, designed to protect and rehabilitate, often fails its most vulnerable charges. In Nigeria, alarming cases of minors being unfairly treated and imprisoned have sparked concerns.
Flaws in the justice system have raised issues on the persistent lack of a separate juvenile courts and inadequate legal representation in the court system.
Also, insufficient training for law enforcement officers and the lengthy pre-trial detentions that usually characterise juvenile trials have further hightened the call for reforms.
The consequence impact of a flaw justice system on juveniles is devastating leading to trauma and psychological damage on the children.
Similarly, having juveniles go through a lenthy legal process contributed to the loss of education and opportunities; first for the children, and the larger society as a whole.
There is also an increased risk of radicalisation with juveniles being placed in the same correctional centres alongside convicted criminals, which is also another way of perpetuating the cycles of violence currently ravaging the northern states of Nigeria.
Concerned citizens have called for reform efforts on the part of teh federal government, advicating for a child-friendly courts and facilities.
They also urged the government to create specialised training centres for law enforcement agencies, especially the correctional service.
On the back of the specialised training is the call for alternative sentencing options for juveniles and increased access to legal aid.
Similarly, there has been call for Nigeria justice system to align with international standards on juveniles court representation.
According to experts, urgent reforms are needed to ensure Nigeria’s juvenile justice system prioritises rehabilitation, education, and restorative justice. Also, the law must protect, not crush, helpless juveniles.
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