Human rights activist and lawyer, Femi Falana has asked federal high court in Abuja to dismiss charges against 76 #EndBadGovernance protesters charged to court for treason.
Gatekeepers News reports that some minors among the protesters charged to court on Friday, coapses while awaiting their arraignment.
The court granted them bail in the sum of N10 million each, while the prosecutor asked that the names of those who collapsed be removed from the charge.
In a preliminary objection filed before the court, the defendants, through Falana, submitted that the court lacked the jurisdiction to hear the charge.
Falana argued that in line with Section 18 (3) (a) (b) (c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter, the underaged defendants ought not to be tried.
The lawyer said the application, based on both national and international legal provisions, reinforces the defendants’ rights to protection under juvenile justice laws, while also stressing the government’s duty to fulfil its educational commitments to Nigeria’s youth.
He said, “No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes.”
The senior advocate of Nigeria also submitted that some counts did not disclose an offence for which the defendants/applicants can be charged/arraigned.
He said, “This is because, firstly, carrying placards with the inscription ‘end bad government’ and several other inscriptions to incite disaffection to the government cannot and does not constitute an offence pursuant to which an offence can inure under Section 416 of the Penal Code just as displaying Russian flag, chanting revolutionary songs cannot constitute offence under Section 114 of the Penal Code that could be punishable under Section 111 of the Penal Code and we submit with firm conviction that any such charge would fly and fall flat in the face of the superior and exquisite provisions of Sections 1 (1), (3), 6 (6) (B), 36 (1) and 44 of the 1999 Constitution as amended.”
The application further seeks to mandate the federal government to pay the school fees of the minors “till at least senior secondary school or university level in compliance with Section 18 (3) (a) (b)(c) of the 1999 Constitution, section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, Article 17 of the African Charter.”
