#EndBadGovernance: Northern govs, ACF, others demand minors’ release

• Bala Mohammed charges the region, SANs disagree on arraigned minors, and the North needs to wake up.

The release of the juveniles on trial for treason in the Abuja Federal High Court has been urged by the governors of Kano and Bauchi States as well as the Arewa Consultative Forum.

Abba Kabir Yusuf, the governor of Kano, has already instructed the state attorney general and commissioner of justice to take action to secure the release of the minors who were detained during the August 1–10 #Endbad governance protests in Kano and Kaduna on suspicion of demanding regime change.

The development was verified on Sunday by Baba Halilu Dantiye, the state commissioner of Information and Internal Affairs.

Kayode Egbetokun, the Inspector-General of Police, arraigned 76 #EndBadGovernance demonstrators 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.

Speaking, 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.
Bala Mohammed, the governor of Bauchi State and chairman of the People's Democratic Party Governors Forum, stated that the North "must wake up" in regards to the children who were charged for demonstrating.

Concerned by the situation, Bala shared the warning on his official Facebook page on Saturday.

"After witnessing the footage of kids who were charged with stealing, trying to topple the government, and stirring up disturbance during the recent #EndBadGovernance demonstrations, I was really disturbed.

In Hausa, he wrote, "The obvious destruction, starvation, and malnourishment of these children reflect the harsh treatment they face in prison or at the hands of security forces."

According to Bala, the incident demonstrated how divided northern politicians are on matters impacting the area.
It highlights the North's conflicting voices and poor governance more than anything else. I offer my condolences as a parent and concerned citizen, and I implore the judiciary and security forces to protect the freedom of speech and respect basic human rights," he said.

The governor recommended that the youngsters be released right away in light of the nation's extreme economic suffering and inflation.

Demanding ten million naira in bail from those who can barely afford one meal a day is irrational. Rather, I call for tolerance, particularly for those who have been shown to be innocent. I further invoke our leaders and clerics: #MuTashiMuFarkaYanArewa — We Northerners need to wake up.

Senior solicitors have, however, voiced differing views 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 no justification for bringing those youngsters to court in such a humiliating way because Kaduna State and Kano State are governed by a criminal procedural code. I demand that the charges be dropped by the federal government. It goes without saying that these kids were detained from August, September, and October until their arraignment on November 1.

Since there has been illegal custody and confinement, kids should also receive compensation, tutoring, and the chance to receive a quality education. Since it has been demonstrated that we are dealing with significant cases of out-of-school children for which the government has not been able to provide for them, this should actually become a fantastic chance for the government to alter the future and destiny of these children.

Kashopefoluwa Balogun, another experienced attorney, also argued against the children's arraignment.

of the overall legal position of minors' arraignments, convictions, and other proceedings, it is believed that they will be protected at that age regardless of the charge or crime they are accused of committing. Since they are under 13 years old, they shouldn't be publicly arraigned alongside adults.

Because the law is designed to protect kids, there is a juvenile clause that also applies to the matter of their custody; they are not to be held in the same facility as adults. You don't want to expose them to these public issues, public displays, or public arraignments because the Constitution presumes their innocence. Ultimately, 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.
“They had to be charged with adults, they cannot be charged alone. All of the defendants were charged to court, none of them is below 13 years. According to law, they can be charged alone without an adult. In this instant case, they were charged with adults with whom they committed the offence together.

“We are not unmindful of the law, we know the law and we know the right of every Nigerian. I have prosecuted for many years and I stand for justice and I have defended the rights of so many in Nigeria. I will not stay here and be sleeping and the right of people will be trampled upon”.

Speaking on the malnourished condition of the defendants, Lough declared that the children were arrested in that state.
That was how they were when they were taken into custody. No matter what you do, someone who is lean from the start will stay that way. Could they have lasted three months if they had been starved? Contrary to the baseless accusations being made, they were fed. They were fed in accordance with the law, even if they might not have been fed the same way they were in their homes. The legislation mandated that they be fed.

Additionally, their attorney purposefully staged the spectacle that transpired in court. And the goal of doing that was to win the judge's sympathy so that they would be granted bail. That was the only goal. The suspects weren't exactly helpless. If someone is weak, the individual will fall where he is,’’ he noted.
The National Human Rights Commission weighed in on the situation and denounced the children's indictment.

"The action of the Nigeria Police has raised significant concerns among senior lawyers and legal experts, the human rights community, development partners, national human rights institutions, and well-meaning Nigerians," said Dr. Tony Ojukwu, the commission's executive secretary, in a statement released in Abuja on Sunday. This is because the action is widely regarded as an excessive and inappropriate use of state institutions aga