Following the #Endbadgovernance protest in August, the Nigerian government charged 76 people with treason and inciting a military coup for taking part in the protests. The charge sheet showed that at least 30 minors, aged between 14 and 17, were arrested across Kano, Plateau, Gombe, Kaduna and Abuja, on charges of public destruction of property and treason for hoisting the Russian flag.
After nearly three months in custody, they were re-arraigned at the Federal High Court in Abuja on Friday—a scene that quickly turned chaotic after four of the minors (who were all looking worn, malnourished and weak) collapsed.
The four defendants – Usman Fatihu (21 years), Muhammed Yahaya (14 years), Muktar Ishak Alhassan (16 years) and Mustapha Ibrahim (18 years) – slumped shortly after they were called into the dock to take their pleas.
Wallahi Arewa we’re tolerating a lot! Just imagine this inhumane treatment, the FG detained these malnourished minors and starved them and yet they’re still trying to send them to prison?
We will keep this video and we’ll play it to our people in 2027, we’ll never forget! pic.twitter.com/sgChmmdzzG
— F A A R E E S 💫 🇵🇸 (@MFaarees_) November 1, 2024
This prompted the judge to grant bail at an enormous ₦10 million for each detainee, a figure widely regarded as unaffordable and illogical for the families involved. The case will come to trial in January, and if found guilty, they could face the death sentence on charges of treason.
Nigerians condemn the detention and maltreatment of minors.
The arraignment sparked an outcry in the country, with politicians like Rabiu Musa Kwankwaso slamming the government after four of the arraigned minors collapsed in court due to exhaustion before they could enter a plea in the courtroom.
“These children, who are obviously malnourished and need medical attention have been subjected to a cruel experience when they should be in school,” Kwankwaso, the former defense minister and former governor of the country’s northern Kano state, wrote on X.
Human Rights Organisation
In the open letter dated November 2, 2024, and signed by the deputy director of the Socio-Economic Rights & Accountability Project (SERAP), Kolawole Oluwadare, the organisation said, “Bringing charges against children and detaining them simply for the peaceful exercise of their human rights is clearly not acting in the ‘best interests of the child’.”
SERAP also urged the President “to direct the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, Mr Fagbemi, and appropriate law enforcement agencies to investigate the circumstances surrounding the grave violations of the human rights of the children and other protesters in detention, and to identify and bring to justice those responsible, and ensure justice for the victims.”
Also eliciting anger were the bail conditions, which shed light on the inadequacies of the judicial system. Justice Obiora Egwuatu, the preceding judge, asked the defendants to provide two sureties, one of whom must be a civil servant on at least grade level 15.
The judge ordered that the underage defendants only require their “parents or guardians” to be their sureties. Both sureties were required to submit verifiable addresses to the court before bail could be processed.
The judge subsequently ordered the remand of the adults in the Kuje Correctional Services and the minors in the Bostal Homes, pending when they fulfil their bail conditions.
The contrary position of the Prosecution
A Counsel to the Federal Government, Rimazonte Ezekiel, also refuted claims that some of the suspects arraigned on Friday were minors.
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In the video circulating the internet, he said, “These boys that we brought to the court today are all adults, and most of them are married men. None of them is a minor. Some of them are university graduates. The small kids you are seeing here came with some of their parents to greet their loved ones.”
The police also attempted to defend the arrests as a necessary measure to maintain order and enforce the law. Force Public Relations Officer ACP Olumuyiwa Adejobi first clarified, “Only those below the age of seven are not liable under the law. None of the children in court are less than seven; the youngest is 13.”
Under Nigerian law, he said individuals who have reached the age of criminal responsibility are answerable for their actions, regardless of age. He further cautioned Nigerians against making conclusions before the completion of due process.
While he admits some of the accused are minors in contrast to the FG’s counsel’s stance that they were adults, he claimed that medical care was immediately provided to those who collapsed and insisted that the police were maintaining a “compassionate” approach.”
The Inspector General of Police, Kayode Egbetokun, also adds that the minors had pulled the stunt to elicit public sympathy.
“An unexpected incident in court saw four of the suspects suddenly rush out and faint, drawing media attention in a deliberate and scripted manner to draw negative attention,” he said.
Tinubu orders review
Reports have revealed that President Bola Tinubu has ordered the Minister of Justice and Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, to review the treasonable felony charges brought against the minors.
Tinubu, on Friday, ordered the AGF to review the cases and make recommendations accordingly after the presidency came under scrutiny for maltreating the minors for participating in the #EndBadGovernance protests.
This is a developing story.
