It is expected that the federal government should have learnt lessons from the arraignment of minors allegedly involved in the #EndBadGovernance protests that held across the country recently.
The country was in uproar when the FG arraigned over 102 minors and some adults on planning to overthrow the government of President Bola Tinubu and calling on foreign government especially Russia to intervene in Nigeria’s economic crisis.
The angst against the government was due to the famished looks of some of the minors and the collapse of three in the Federal High Court Abuja.
Moved by the uproar and on “compassionate grounds,” President Tinubu ordered for the immediate release of the protestors and later met with them at the Presidential Villa being represented by Vice President Kashim Shettima.
The Tinubu Presidency seems unfazed by its abuse of minors who have been short changed not just by this government, but all previous ones to justify the inane action.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, speaking in Abuja last week justified the treason charge.
The AGF maintained that no law in the country forbade the prosecution of minors.
According to him, “No law in this country says a minor cannot be tried, and I have also heard suggestions that they should go to a family court.
“The study of the law and the constitution leaves you no other conclusion than that the federal high court has jurisdiction in matters bordering on treason and related issues.
“So, whatever the situation, the president has closed the chapter by his decision to have these young men released.
“The president was very compassionate; he is a father and a grandfather. If you look at the facts in the possession of the security agency, you would marvel.”
The Abuja Inquirer disagrees not just in a constitutional sense, but the propriety of the action. The definition of a minor, the age of criminal responsibility, and other issues relating to the prosecution of minors are spelt out in Ngerian laws, including the Child’s Rights Act (CRA), the Children and Young Persons Act, CYPA, the Criminal Code, the Penal Code, and the Administration of Criminal Justice Act, ACJA.
The Child’s Rights Act of 2003 was specifically enacted to protect children’s rights in Nigeria and provide a legal and institutional framework for their wellbeing. It is the most robust legislation covering virtually all the affairs of children in the country.
According to the CRA, a child is anyone under 18.
The Criminal Code, applicable in the 17 southern states of Nigeria, and the Penal Code, applicable in Abuja and the 19 northern states, completely exempt persons under the age of seven from any criminal responsibility.
This is contained in section 30 of the Criminal Code and section 50(a) of the Penal Code.
However, both laws allow the prosecution of persons between the ages of seven and 12 but set a limitation.
It is that limitation that the federal government abused and detained the minors under horrible conditions for over three months.
As a country with a criminal number of out-of-school children, the least expected of the government is to act responsibly and seek for ways to take the majority if not all street children off the streets and offer them the opportunity of basic education and equal opportunity.
It is hoped that the government must have learnt a lesson or two and ensures that this obnoxious event does not repeat itself given the terrible international odium it has brought on the country.
