The governors of Bauchi and Kano States and the Arewa Consultative Forum have demanded the release of the minors facing trial for treason in the Abuja Federal High Court.
Already, Kano Governor, Abba Kabir Yusuf, has directed the state Attorney General and Commissioner of Justice to take steps toward securing the release of the minors arrested for allegedly demanding regime change while participating in the #Endbad governance protests in Kano and Kaduna between August 1 to 10.
The state commissioner of Information and Internal Affairs, Baba Halilu Dantiye, confirmed the development on Sunday.
The Inspector-General of Police, Kayode Egbetokun, had on Friday, arraigned 76 #EndBadGovernance protesters before Justice Obiora Egwuatu of the Federal High Court in Abuja, among whom were minors.
Viral videos of the malnourished children sparked outrage with some civil society groups calling for their immediate and unconditional release from detention.
The 76 protesters were arraigned in two batches, 32 of whom were children.
The first batch was arraigned on a 10-count bordering on treason, intent to destabilize Nigeria, inciting to mutiny by calling on the military to take over government from President Bola Tinubu, among others.
They pleaded not guilty to the charge and were granted N10 million bail each.
Dantiye said the Kano governor demanded the release of the minors via his X handle.
“The Kano State Governor, Abba Kabir Yusuf, has instructed the state’s Commissioner for Justice to act on the development,’’ the commissioner said.
“My attention has been drawn to the appearance of teenagers (some believed to be from Kano) in court today (Friday) in Abuja.
“The Commissioner of Justice has been instructed to act immediately on the issue. We shall do everything possible to get them back to Kano, Insha Allah,” the governor’s statement read on X.
The Chairman of the People’s Democratic Party Governors Forum and Governor of Bauchi State, Bala Mohammed, said the North “must wake up” concerning the children arraigned for protesting.
Bala, who posted the admonition on his official Facebook handle on Saturday, expressed concern over the development.
“I was deeply troubled after watching the video of children who were arraigned in court yesterday (Friday), accused of attempting to overthrow the government, theft, and inciting unrest during the recent #EndBadGovernance protests.
“The visible devastation, hunger, and malnourishment of these children reflect the harsh treatment they face in prison or at the hands of security forces,” he wrote in Hausa.
Bala maintained that the event highlighted how disunited northern leaders are when it comes to issues affecting the region.
“More than anything, it exposes the lack of good governance and the discordant voices that plague the North. As a parent and concerned citizen, I extend my sympathies and urge security agencies and the judiciary to uphold the right to freedom of expression and respect fundamental human rights, “ he said.
Considering the severe economic hardship and inflation in the country, the governor advised that the children should be released immediately.
“It is unreasonable to demand ten million naira in bail from those struggling to afford even one meal a day. Instead, I appeal for leniency, especially for those proven to be innocent. I also call upon our clerics and leaders: #MuTashiMuFarkaYanArewa — We must wake up, fellow Northerners.”
Meanwhile, senior lawyers have expressed divergent opinions on the arraignment of the minors for treason.
Chief Mike Ahamba (SAN) said, ‘’I don’t think they are treating those children well. They are not treating them according to the law. All I know is they can’t even convict them of a capital offence, detaining them as long as they have done is unfortunate. CNN reported it where four of them fainted. I do know they can’t convict those below 17 years of age.
“What should be done if a child commits an offence, you release the person to an elder or an adult in the family, you don’t keep a child for such a long time in prison custody. And what is their offence? That they demonstrated. It is quite unfortunate. We are heading towards a one-party dictatorship in Nigeria.
Speaking in the same vein, Ebun-Olu Adegboruwa (SAN), argued that the government has not been able to justify the criminal charges levelled against the minors, describing their arraignment as embarrassing.
He stated, “For a person to be charged with treasonable felony, he must have the means, he must have the capacity and be planning to overthrow the government. So by the Child Rights Act, children who are aged from 13 downwards are not supposed to face regular prosecution in court as adults are supposed to do and again it was against the principles of Federalism for offences to occur in Kaduna State, in Kano State and then the Federal government takes over the prosecution of those offences over and above the powers granted to the attorney General of those States.
“There is a criminal procedure code governing crimes committed in Kaduna State and Kano State and there is no basis for bringing those minors to court in such an embarrassing manner. I call upon the Federal Government to withdraw the charges. Obviously, these children have been in custody since August, September, and October until November 1, when they were arraigned.
“So, there is a case of unlawful custody and detention, and so they should also be compensated and also be tutored and provided opportunity for proper education. This should actually turn into a golden opportunity for the government to change the future and destiny of these children as it has shown that we are dealing with serious cases of out-of-school children which the government has not been able to cater for.’’
Another senior lawyer, Kashopefoluwa Balogun, also submitted that the children should not have been arraigned.
‘’With respect to the general position of law when it comes to minor arraignment, conviction and all of that, because at that age, they are expected to be protected irrespective of the allegation or the crime they are being alleged to have committed. Being children of around 13 years, they are not meant to be openly arraigned with adults.
“There’s a juvenile provision just like it extends to the issue of their detention, they are not meant to be detained with adults because the rationale behind the law is to protect them. The Constitution presumes them to be innocent so you don’t want to expose them to these public issues, this public display, public arraignment whereby at the end of the day some of them will not be found guilty,’’ he affirmed.
Continuing, Balogun added, “According to the Juvenile/Child Rights Act, which governs the issue of charging kids to court, the law draws a distinction that when you are between 0-7 years, the law believes that such a person is not believed to be able to commit any crime.”
However, the lead counsel to the IG, Simon Lough (SAN), insisted that it is not unlawful to charge children between the ages of 8 to 12 for criminal offences.
Lough noted that according to the law, only children below seven are incapable of committing a crime.
He said, “According to section 50 of the penal code, a child from the age of 8 to 12 years, where it is shown that he is capable of knowing the nature of what he is doing can be charged with the adult who instigated him to commit.