#Endbadgovernance protests: Can AGF Fagbemi intervention make a difference on underaged detainees?

“This show of shame has also exposed Nigeria as a nation that goes to the United Nations to declare that it has abolished torture

BrandPower Magazine 3 weeks agoLast Updated: 02/11/2024

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#Endbadgovernance protests: Can AGF Fagbemi intervention make a difference on underaged detainees? — Minors at the Abuja High Court on Friday

The 10 ‘Days of Rage’ also tagged #Endbadgovernance protests which swept through several major cities in Nigeria may have ended on Saturday, August 10, but some of the effects came to the fore recently with the humungous bail amounts placed on the underaged detainees undergoing trial for treason for participating in the protests.

There was a major uproar on Friday as some of the obviously malnourished children collapsed in court and had to be rushed to a clinic to receive medical attention.

Meanwhile, BRANDECONOMY reports that AGF Fagbemi has taken over the prosecution of 114 #EndBadGovernance protesters, addressing alleged treason and other charges against them.

This is coming after an outporing of condemnation from various individuals and groups. This includes the presidential candidates of the Peoples Democratic Party (PDP) and Labour Party (LP) in the last general elections, Atiku Abubukar and Peter Obi, respectively, Chairman, Senate Committee on Finance, Senator Sani Musa; the Civil Society Legislative Advocacy Centre (CISLAC), Rule of Law and Accountability Advocacy Centre (RULAAC) and Human Rights Writers Association of Nigeria (HURIWA). They had condemned the detention and prosecution of children who participated in the last Endbadgovernance protests.

AFDB official attributes Nigeria’s stunted growth to bad governance, insecurity

Thisday reports that the #EndBadGovernance protest in Nigeria was not triggered by a single event, but rather, by a complex interplay of factors, chief among them the public’s growing frustration with the Government’s handling of both the economy and national security. This toxic combination of economic mismanagement and pervasive insecurity, has led to unprecedented levels of hunger, anger, and poverty across the nation. The immediate catalysts for the protest was the removal of fuel subsidies and the sudden decision to float the Naira – two policies whose poor execution only exacerbated the nation’s already dire economic situation. These policies, rather than providing relief, plunged the country into deeper economic turmoil, igniting a wave of discontent that had been simmering for years. Now that the days of rage have ended, it is imperative to reflect on the journey, to assess the outcomes, and to consider the road ahead.

Court admits 114 #EndBadGovernance protesters to N10m bail each

A Federal High Court in Abuja, on Friday, admitted the 114 protesters who were arraigned over their involvement in the #EndBadGovernance protest to N10 million bail each with two sureties each in like sum.

Justuce Obiora Egwuatu admitted them to bail after hearing the defence lawyers’ application and the prosecution’s submission.

BRANDECONOMY reports that two separate charges were brought before Justice Egwuatu.

In the first 10-count charge marked: FHC/ABJ/CR/503/2024, 76 defendants were listed while in the four-count charge number: FHC/ABJ/CR/527/2024, 43 persons were listed as defendants, making a total of 119 defendants.

However, a total of 114 were later arraigned due to the ill-health of five of the children among the defendants.

It was earlier reported that 4 out of the 76 defendants in the first charge collapsed in open court when the trial commenced.

The four of them were Usman Fatihu (21 years), Muhammed Yahaya (14 years), Muktar Ishak Alhassan (16 years) and Mustapha Ibrahim (18 years).

They are 68th, 74th, 75th, and 76th defendants respectively in the 10-count charge bordering on treason, among other offences.

The development made the trial judge, Obiora Egwuatu, to abruptly stand down the trial for about 40 minutes before the court reconvened.

In the second charge containing 43 defendants, one of them equally had health challenge.

Audu Garba, who was the prosecution lawyer, prayed the court to discharge five of the defendants who had health issues.

Garba said they would be re-arraigned once they recover following medical treatment.

Justice Egwuatu then struck out their names from the charges after 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 prosecution stated that bail remained within the discretionary purview of the court, irrespective of relevant laws.

Delivering his ruling, the judge observed that some of the defendants were under 18 years old, and the defendants’ lawyers had promised not to interfere with the trial or destroy evidence.

He also observed that the prosecution did not contest the defendants’ application for bail.

Justice Egwuatu, who admitted them to N10 million bail each, directed them to provide two sureties each in the like sum, who must be a civil servant and a parent or sibling of the defendants.

He ordered the adults to be remanded at Kuje Correctional Centre, while the minors would be remanded in the Borstal Home of the Correctional Service.

The judge then adjourned the matter until Jan. 24, 2025, for commencement of trial.

In the second arraignment of the 42 protesters, they equally pleaded not guilty to the four counts read to them, and were granted N10 million bail each with two sureties in the like sum.

The judge who gave the same bail terms, adjourn the trial until Jan. 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 police stations, the High Court Complex, 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.

BRANDECONOMY reports that the protest, which began on Aug. 1 to demand for good governance, ended on Aug. 10.

The Inspector-General (I-G) of Police had, earlier charged 11 of the 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.

The #EndBadGovernance protests in Nigeria have emerged as a significant movement reflecting public discontent with the government’s handling of various socio-economic issues, including corruption, unemployment, and inadequate public services. The protests have led to the arrest and prosecution of numerous participants, including minors, raising serious concerns regarding human rights and the legal implications of detaining young protesters. Recently, Attorney General of the Federation (AGF) Lateef Fagbemi took over the prosecution of these protesters, which could potentially influence the legal landscape surrounding these cases.

The #EndBadGovernance protest in Nigeria was not triggered by a single event, but rather, by a complex interplay of factors, chief among them the public’s growing frustration with the Government’s handling of both the economy and national security. This toxic combination of economic mismanagement and pervasive insecurity, has led to unprecedented levels of hunger, anger, and poverty across the nation. The immediate catalysts for the protest was the removal of fuel subsidies and the sudden decision to float the Naira – two policies whose poor execution only exacerbated the nation’s already dire economic situation. These policies, rather than providing relief, plunged the country into deeper economic turmoil, igniting a wave of discontent that had been simmering for years. Now that the days of rage have ended, it is imperative to reflect on the journey, to assess the outcomes, and to consider the road ahead.

Endbadgovernance protest: AGF intervenes, calls for case file from police

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN has directed that the case file of the detained ‘Endbadgovernance protesters be transferred to his office.

Fagbemi disclosed this in a statement on Friday in Abuja.

He said that he noticed that the police have arraigned those arrested in connection with the endbadgovernance violent protest in court for various offences, including treason.

He said that he is equally aware that the court has remanded the defendants in detention centres and adjourned the case to January.

“It is not within my power to vary the order of the court remanding the defendants in detention centres and adjourning the case to January.

“But there are some issues my office will need to look into regarding the matter to enable me take an informed decision.

“I have directed the Nigeria Police to transfer the case file to my office and hand over same to the Director of Public Prosecution of the Federation (DPPF) tomorrow, Saturday 2nd November, 2024.

“I have further directed the DPPF to immediately put machinery in motion for consideration of the court to bring the adjournment date forward to an earlier date,” he said.

Groups demand release of detained #EndBadGovernance protesters

Civil society organisations, including the Socio-Economic Rights and Accountability Project, Amnesty International, and the Human Rights Writers Association of Nigeria, have condemned the continued detention of 76 #EndBadGovernance protesters, who were arraigned at the Federal High Court in Abuja Friday.

SERAP condemned the detention of the minors, calling on President Bola Tinubu to immediately release the protesters and drop all charges of treasonable felony against them, or face legal action.

“The Tinubu administration must unconditionally release the 76 #EndBadGovernance protesters and drop all charges of ‘treasonable felony’ against them, or face legal action. No one should ever be punished for the peaceful exercise of their human rights,”.

Amnesty International on its part said that the attempt to charge the minors with treason demonstrated “the government’s utter disregard for the rule of law,” while also calling for their immediate and unconditional release.

“Amnesty International condemns President Bola Tinubu’s government for the continued detention of minors who participated in the August #EndBadGovernance protests. The attempts to subject these minors to a sham trial over alleged ‘treason’ demonstrate the government’s utter disregard for the rule of law. Authorities must release them immediately and unconditionally,” the group stated.

Meanwhile, the National Coordinator of HURIWA, Emmanuel Onwubiko, in a statement, said the situation depicted Nigeria as a nation that has no respect for the fundamental rights of children.

“This show of shame has also exposed Nigeria as a nation that goes to the United Nations to declare that it has abolished torture, but the minors who were brought to court have created the opposite impression about Nigeria’s commitment to abolish torture in all its forms. Today is definitely a very sad day for Nigeria.

“The United Nations subcommittee on the Prevention of Torture, which reportedly visited Nigeria in September, will definitely need to revisit Nigeria and spend adequate time verifying the massive and callous application of torture in the various state-administered detention centres across the country, and then take strong measures to compel the Nigerian government to comprehensively abolish torture,” he added.

Onwubiko urged President Tinubu to immediately release the minors and order the Federal Ministry of Women Affairs to enrol them in schools or vocational training institutions, supporting them to live normal lives.

“We are saying let bygones be bygones, and the President should immediately release these children and order the Federal Ministry of Women Affairs to enrol them in schools or vocational training institutions to be trained in various self-sustaining opportunities and skills, and supported to live normal lives and contribute meaningfully to the development of Nigeria,” the statement read

Sen. Sani Musa (APC Niger East), has also condemned “the unjust treatment of minors” over their alleged involvement in the recent EndBadGovernance protests in Nigeria.

Musa in a statement issued to newsmen described the 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.

The Senator 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.

He, therefore, urged the Inspector General of Police to launch an immediate investigation into 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.

What Can the AGF do?

AGF Fagbemi’s intervention in the prosecution of the #EndBadGovernance protesters comes amidst widespread criticism from civil society organizations and political leaders regarding the treatment of detainees, particularly minors. His involvement is seen as a pivotal moment that could reshape how these cases are handled legally and socially.Key Aspects of Fagbemi’s Intervention:

Focus on Legal Process: By taking over the prosecution, Fagbemi aims to ensure that legal proceedings adhere to due process and human rights standards. This could lead to a more transparent judicial process, which is crucial given the allegations of treason against many protesters
Addressing Public Concerns: His actions may also be an attempt to mitigate public outrage over the detention of minors and ensure that their rights are respected within the judicial system

Implications of Continued Detention of Minors

The ongoing detention of minors for participating in protests raises several critical issues:

Human Rights Violations: Detaining minors for exercising their right to protest can be viewed as a violation of their fundamental human rights. International conventions, such as the Convention on the Rights of the Child (CRC), emphasize that children should not be subjected to punitive measures for participating in peaceful assembly.

Psychological Impact: The psychological effects on minors detained in such circumstances can be profound. Reports indicate that one minor collapsed in court during proceedings, highlighting the stress and trauma associated with such experiences

. Long-term detention can lead to lasting emotional and mental health issues.

Societal Implications: The continued detention of young protesters may deter future civic engagement among youth. If young people perceive participation in protests as dangerous or punitive, it could stifle democratic expression and activism.
Legal Precedents: The handling of these cases under Fagbemi’s oversight may set important legal precedents regarding how minors are treated in similar situations. A fair and just approach could foster greater trust in Nigeria’s legal system among citizens.

Ultimately, AGF Lateef Fagbemi’s intervention in the prosecution of #EndBadGovernance protesters represents a critical juncture for Nigeria’s legal framework concerning civil rights and youth participation in governance. His actions may not only influence immediate legal outcomes but also shape broader societal attitudes towards governance, protest rights, and youth engagement in Nigeria. As this situation unfolds, it will be essential to monitor both the legal proceedings and their implications for human rights in Nigeria.