President Bola Tinubu, on Tuesday, received 119 protesters at the presidential villa in Abuja, a day after ordering their release from detention and the discontinuation of their trial for alleged treason, treasonable felony, arson and treasonable offences.
The protesters, including 61 children, allegedly committed the offences during August’s nationwide #EndBadGovernance protests, also known as a protest against hunger.
However, in a stunning reversal of fortunes, they were driven from prison, where they had been detained since their arrests in August, to the reception by top government officials at the villa.
Vice President Kashim Shettima, on behalf of Mr Tinubu, later handed them over to their state governors – 39 to Governor Uba Sani of Kaduna and 73 to Governor Abba Yusuf of Kano.
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Governors pledge care for released minors
Speaking at the event, Mr Shettima said it called for sober reflection and “for us to look inwards and find solutions to our challenges.”
He said the president instructed the release of the protesters on humanitarian grounds.
”Despite compelling and incontrovertible digital video and photographic evidence of the perpetrators in action. Some of which were uploaded by the actors themselves.
Regarding this evidence, the president, as the father of the nation, decided to give these young men another chance at becoming responsible citizens who will make a positive impact in a drive for a better Nigeria.”
The vice president admonished the minors not to allow themselves to be used to perpetrate violence and destroy public and private property.
According to him, over N300 billion was lost in the protests, consisting mainly of private property and loss of business.
He said, “I will urge you, I will advise you, (as) you are our children, to use the opportunity of the president’s magnanimous gesture in ensuring that you overcome and become responsible citizens who will contribute to the growth of the society.”
Mr Shettima also urged their governors and elected representatives across political divides to ensure that the children were rehabilitated and reintegrated into their communities.
“We want to thank the President on behalf of our governors, on behalf of our members of the National Assembly for his magnanimity in granting pardon to these young children.
“Not that they were exonerated from their crime. It is out of his own magnanimity. Most of the instigators of the crime and their children were not involved,” he said.
Mr Shettima also thanked the governors of Kano and Kaduna for rushing down from their states to take custody of the children.
On his part, Mr Yusuf assured that under his watch, protests that could lead to the destruction of private and public properties would never happen again.
He extended the appreciation of the Kano State Government and the good people of the state to Mr Tinubu for seeing to the freedom of the minors.
“What the president did will continue to be in our minds. The president has shown his compassion. He has shown his humility. I want to assure Mr President that by the grace of Allah, that kind of protest will never ever happen in Kano, so long as we are in leadership,” he said.
In his remarks, Mr Sani promised to enrol the children in school and training on various skills acquisitions.
He said, “We thank the president for granting pardon to our children. Of course, we know they are children of everyone. Looking at their age and what they went through. I have no doubt in my mind that a lot of people must be happy for the fact that today they are free.”
Also speaking, the Minister of Humanitarian Affairs and Poverty Reduction, Nentawe Yilwatda, said the ministry had profiled and examined all of the children medically and confirmed them fit to be reunited with their parents.
Also at the event were the Minister of Education, Tunji Alausa, the Minister of Humanitarian Affairs and Poverty Reduction, Nentawe Yilwatda, and the Minister of Environment, Balarabe Lawal.
How police arraigned protesters, including minors
The police had arraigned the protesters on Friday, almost two months after they were taken into custody, on two separate charges.
In the first 10-count charge filed at the Federal High Court in Abuja, marked FHC/ABJ/CR/503/2024, 76 defendants were listed while in the four-count charge number: FHC/ABJ/CR/527/2024, 43 were listed, making a total of 119 defendants.
However, 114 were later arraigned because five children among the defendants had fallen sick.
NAN earlier reported that four out of the 76 defendants in the first charge collapsed in open court when the trial commenced.
They are Usman Fatihu (21 years), Muhammed Yahaya (14 years), Muktar Ishak Alhassan (16 years) and Mustapha Ibrahim (18 years).
The development made the judge, Ejiofor Egwuatu, stand down the trial for about 40 minutes before the court reconvened.
In the second charge, one of the 43 defendants also had health challenges.
Audu Garba, who appeared for the prosecution, prayed the court to discharge the five defendants who had health issues. Mr Garba said they would be re-arraigned once they recover following medical treatment.
The judge, Mr Egwuatu, then struck out their names from the charges after the application by the police lawyer.
After the charge was read to the first 72 defendants, they pleaded not guilty, allowing their legal team to apply for bail.
The judge eventually admitted the 114 protesters to N10 million bail, each with two sureties each in like sum, and adjourned the matter until January 24, 2025, for commencement of trial.
In the second arraignment, the 42 protesters also pleaded not guilty to the four counts read to them and were also granted N10 million bail each with two sureties in the like sum.
The judge gave the same bail terms and adjourned the trial until January 24, 2025.
In the 10-count charge, Nura Ibrahim (24 years old) and 75 others (ages ranging from 14 to 30) were accused of acting in concert with Andrew Martin Wynne, a Briton, to destabilise Nigeria.
They were alleged to have attacked and injured police officers and burned down police stations, the High Court Complex, and the Nigeria Communication Commission (NCC) Complex in Kano.
They were also accused of burning the Kaduna Investment and Promotions Agency Office, and the NURTW Office.
NAN reports that the protest, which began on 1 August to demand good governance, ended on 10 August.
The Inspector-General of Police had earlier charged 11 other protesters before Justice Emeka Nwite of a sister court on alleged treason, intent to destabilise Nigeria, conspiracy to commit felony and inciting mutiny, among others, which are punishable under Section 97 of the Penal Code.
The protesters were arrested in Abuja, Kaduna, Kano, Katsina, Sokoto and Gombe over the 10-day protest which resulted in violence and killings in parts of the country.
ActionAid seeks urgent release of detained 67 minors
The arraignment of the protesters drew widespread condemnation in and outside Nigeria.
ActionAid Nigeria (AAN), a civil society organisation, called for the swift release of 67 minors and other protesters.
In a statement signed by its Country Director, Andrew Mamedu, on Saturday in Abuja, AAN said the detentions and harassment of peaceful protesters, including minors undermined democratic values. It called for an immediate review of the circumstances under which the minor protesters were detained.
“The Constitution and the Child Rights Act make it clear that minors are not to be treated like adults in cases where the law is violated.
“Detaining and humiliating underage protesters are a blatant contravention of the Nigerian Child Rights Act, which explicitly provides for children’s right to protection from harm, abuse and neglect.
“This Act, ratified to ensure the dignity and welfare of children in Nigeria, is starkly violated by the government’s failure to protect, rather than punish, vulnerable young citizens seeking a voice against the hardships that threaten their future.
“In this case, there’s no evidence of these children being involved in the act of treason; yet they have been subjected to a reality most kids their age would never know in their lifetime.
“This shows the failure to uphold the Nigerian Child Rights Act, which guarantees children’s right to protection from harm and neglect,” he said.
The country director said Nigeria, being a signatory to the UN Convention on the Rights of the Child, agreed that minors should be given a shot at rehabilitation, not harsh judgment.
According to him, the law even demands that minors be kept in separate facilities from adults and prioritise juvenile courts for their cases, aiming for rehabilitation, not punishment.
“We saw how the court put a huge price tag on the freedom of these 67 minors, granting them bail of N10 million each; these children now face the tough task of finding a surety to stand for them.
“Nigeria’s leadership is entrusted with the mandate to protect and serve its citizens. Addressing systemic issues of poverty, inequality and insecurity should be the focus of state efforts.
“Misusing security operatives and other agencies to limit freedom of expression and intimidate citizens could have a lasting impact on Nigeria’s democratic standing and the trust of its people.’’
The country director, who identified the right to protest as a fundamental aspect of democratic governance, said that every Nigerian deserved the freedom to voice their concerns in a safe environment.
He further said that the government’s legitimacy was derived from the people.
“We encourage an approach that prioritises dialogue and respect for democratic freedoms to build trust and foster progress for all Nigerians.
“Nigeria stands at a critical juncture where safeguarding citizens’ rights is essential to maintaining democratic principles,’’ he said.
Senators condemn detention of minors
Two senators, Sani Musa (APC Niger East) and Natasha Akpoti-Uduaghan (PDP-Kogi) also swiftly expressed disgust over the treatment of the minors among the protesters.
Mr Musa, in a statement issued to journalists, described their detention as “inhumane and unjust.”
“I strongly condemn the unjust detention of minors following the #EndBadGovernance protests.
“I am deeply troubled that, in spite of the hardships and challenges these young children have endured, there is a push to have them imprisoned rather than afforded compassion and understanding. Such actions are not only inhumane but also unjust,” he said.
Mr Musa also condemned the judicial stance advocating for the continued detention of the minors, saying it is unacceptable and contrary to the principles of justice and fairness.
The lawmaker, therefore, urged the Inspector-General of Police to immediately investigate the matter to ensure accountability “and protect the rights of these young citizens.”
“This issue must be addressed urgently, and I will continue to stand with my constituents and all Nigerians in the pursuit of justice and good governance,” he added.
On her part, Mrs Akpoti-Uduaghan, in a statement issued in Lokoja by Arogbonlo Israel, her spokesperson, described the detention of the minors in correctional facilities by the police as “inhumane and unjust”.
Mrs Akpoti-Uduaghan called on the Chief Justice of the Federation, Justice Kudirat Kekere-Ekun, to investigate their detention order granted by Justice Obiora Egwuatu.
According to her, detaining minors in a medium correctional facility is wrong and violates their fundamental human rights.
“This is because children should be tried in a juvenile court, where their identities are protected and not displayed or published in Court.
“I, hereby, urge the Controller of Prisons, Haliru Nababa, to investigate the detention conditions of juveniles at the Kuje prisons over improper facilities.
“Kuje medium security custodian centre is not designed for detaining children. The juvenile correctional facilities should be used instead,” she said.
Mrs Akpoti-Uduaghan appealed to the federal government to “temper justice with mercy” and release the detained minors, whom she said were likely used by unscrupulous adults to commit crimes.
“It’s my belief that the children should be in school and not in detention.”
“Minors should be prosecuted differently for capital offences,” says lawyer
A lawyer and Convener of the Duty Solicitor’s Network, Bayo Akinlade, speaking on Monday, said caution should be applied in prosecuting underaged persons for capital offences.
Mr Akinlade said it is important to conduct a thorough investigation to establish that the young minors are linked to the alleged treason.
He said that it was also important for courts to refer to the provisions of child protection laws in dealing with such matters, in the interest of justice.
“Terrorism is a serious offence, and it goes beyond flying foreign flags in a public protest. Terrorists are often hidden, well structured, well funded and often have manifestos prepared for their anticipated overthrow of a government.
“Whatever the facts placed before his lordship, the court ought to have taken counsel from the law and the child protection laws for guidance,” he said.
Mr Akinlade said that bringing the full weight of the law upon those children, who could be described as misguided, would be in contrast to the disposition of a court.
“The court should have taken time to establish the ages of those minors, by calling on the welfare department to confirm the same. Moreso, the court ought to have considered their ability to get sureties to stand for them, as well as consider the congestion in the prisons,” he said.
Mr Akinlade also faulted the police for allegedly failing to bring the case to the attention of the Federal Directorate of Public Prosecutions before the arraignment of the accused persons.
“I condemn the role the police played, especially for detaining the children beyond the constitutionally prescribed period and for not bringing the case to the attention of the office of the Federal DPP before the arraignment.
“For all capital offences, minors are treated differently in the process of arraignment,” he said.
Police defend actions
However, in response to the criticisms, the police Force insisted that individuals who have attained the age of criminal responsibility must be answerable for their actions, regardless of biological age.
The Force Public Relations Officer, Olumuyiwa Adejobi, in a statement on Saturday in Abuja, said the provision was very clear under the Nigerian law.
He said the provision was in line with global practices, where accountability was upheld for young individuals who commit serious offences.
According to Mr Adejobi, in managing the detention and arraignment of the suspects, the police rigorously adhered to legal provisions to ensure fairness and accountability under the rule of law.
He said the suspects were initially presented in court, where they were formally charged, with a remand order issued by the court.
“Throughout this process, the police have worked to balance justice with compassion, ensuring that each suspect’s basic rights and privileges are respected, including access to medical care and other necessary provisions.
“An unexpected incident in court saw six of the suspects suddenly rush out and faint on October 1, drawing media attention in a deliberate and scripted manner to draw negative attention.
“Medical aid was promptly provided to these individuals, demonstrating the Police Force’s commitment to the welfare of those in its custody, irrespective of the allegations they face.
“While committed to upholding justice, the Nigeria Police Force remains sensitive to the rights of all individuals, including young persons,” he said.
According to him, as seen in other jurisdictions, including the United Kingdom, age does not exempt individuals from facing legal consequences.
He said the police were aware of public interest in the case and assured that its officers would maintain professionalism throughout the legal process.
Mr Adejobi enjoined the public to view the case without bias, adding that the force remained focused on a transparent pursuit of justice.
Tinubu orders withdrawal of cases against protesters
On Monday, President Tinubu ordered the withdrawal of the cases filed in court by the police against the protesters and the release of the detainees.
The News Agency of Nigeria (NAN) reports that the president’s directive was announced by the Minister of Information and National Orientation, Mohammed Idris.
The president’s directive followed an intensifying public outcry over the treatment of the protesters, especially the minors among them.
The following day, the Director of Public Prosecutions of the Federation (DPPF), Mohammed Abubakar, announced the withdrawal of the case.
Mr Abubakar, representing the Attorney-General of the Federation (AGF), Lateef Fagbemi, first announced taking over the case in exercise of the powers of the nation’s chief law officer under section 174 of the Nigerian constitution and section 108 of the Administration of Criminal Justice Act (ACJA), 2015.
He said the federal government had decided to discontinue the case against the protesters. The DPPF also applied for the proceeding to be conducted without the presence of the minors in the courtroom, in line with provisions of Section 266 (b) of the ACJA, 2015, and Section 1 of the Child’s Rights Act.
Counsel to the defendants, including Femi Fanala, SAN, did not oppose the application.
Mr Egwuatu, consequently, struck out the charge against the protesters who were minors.
Senators’ forum applauds Tinubu’s leadership in ordering the release of minor protesters
The Northern Senators’ Forum on Tuesday said the president had shown leadership in ordering the release of the protesters.
The Chairperson of the forum, Abdulaziz Yar’adua, stated this in a statement in Abuja.
He said the president’s decision demonstrated his commitment to protecting the rights and well-being of Nigerian youth.
“His directive to the Attorney-General of the Federation, Lateef Fagbemi, to expedite the release process is a welcome development.
“We appreciate the President’s show of leadership in addressing this critical issue.
“I would also like to acknowledge the efforts of leaders in the North who have worked assiduously to secure the release of these minors.
“Their dedication and advocacy have been instrumental to bringing the matter to the forefront, and we are grateful for their commitment to the welfare of our young people.
“As we move forward, I urge leaders in the North to prioritise the safety and education of our children.
“It is essential that we create an environment where they can grow and thrive, free from harm and exploitation.
“Let us work together to ensure that our youth receive the support and resources they need to become active contributors to Nigeria’s growth and development,” Mr Yar’Adua said in the statement.
CISLAC commends Tinubu
The Civil Society Legislative Advocacy Centre (CISLAC) commended President Tinubu for the release of the protesters.
CISLAC welcomed the president’s decision in a statement signed by its Executive Director, Auwal Rafsanjani, in Abuja on Tuesday.
It praised Mr Tinubu’s willingness to investigate the circumstances leading to the arrests and hold responsible security personnel accountable.
The organisation urged the president to extend the directive to other detained protesters to foster national unity and justice, demonstrating a government open to addressing citizens’ grievances.
The centre called for major reforms to Nigeria’s criminal justice system and emphasised the need for comprehensive judicial reform, particularly targeting corruption within the judiciary.
This, it said, could be achieved by ensuring only judges with integrity serve on Nigerian benches, a move that would restore hope and stability in the country.
“A reformed judiciary will not only strengthen the rule of law and democracy but also increase confidence among international investors, who seek a transparent and fair justice system.
“A situation where corrupt public officials and election riggers are working with some judges to scuttle justice is a big threat to our country,” it added.
CISLAC also underscored the importance of police reform, particularly in recruitment and service deployment.
Noting issues of police misconduct, including brutality and corruption, CISLAC stressed that only through merit-based and transparent recruitment processes can Nigeria build a police force that serves and protects the public responsibly.
READ ALSO: UPDATED: #EndBadGovernance: Why Tinubu ordered release of minors, other protesters – Shettima
“By rooting out corrupt elements within the police, we can foster a positive partnership between citizens and the police, essential for national security,” CISLAC added.
The centre also praised the directive assigning the Ministry of Humanitarian Affairs to oversee the rehabilitation and safe return of the minors to their families.
This move, according to CISLAC, reflects the President’s commitment to addressing humanitarian issues with compassion.
It encouraged the empowerment of the National Orientation Agency (NOA) to actively engage Nigerians, providing civic education and promoting active citizenship.
According to CISLAC, an informed and engaged citizenry is crucial for national progress.
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