Human rights lawyer Femi Falana, SAN, has taken legal action at the Federal High Court in Abuja, seeking the dismissal of charges against several underage defendants accused of participating in the August “#EndBadGovernance” protests. Falana argues that these children, charged with treason, should instead be guaranteed free and compulsory education, as stipulated by the government’s constitutional obligations.
Representing the young defendants, Falana stated that the administration led by President Bola Tinubu has a legal responsibility to ensure these children’s educational rights. He noted that the current charges should be dropped, as the defendants have filed a notice of preliminary objection. This notice requests that the court “decline jurisdiction over the case and order the complainant to cover their educational costs through senior secondary school or university.”
Falana underscored that this appeal aligns with several legal provisions, including “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.” He further argued that, under “Section 204 of the Child’s Rights Act, these minors are entitled to juvenile justice processes rather than adult criminal proceedings.”
Highlighting these minors’ legal protection, Falana maintained, “They cannot be tried alongside adults in a formal court setting designed for adults.” The application draws on both domestic and international laws, asserting the defendants’ rights within the juvenile justice framework. It also emphasizes the government’s obligation to honor its commitment to Nigerian children’s educational welfare.
In a related statement, it was reiterated that the defendants have petitioned for the court to “decline jurisdiction and compel the complainant to fund their education up to senior secondary or university level.” This, they argued, is required by Section 18 (3)(a)(b)(c) of the 1999 Constitution, along with other child rights statutes.
Meanwhile, as reported by SaharaReporters, Justice Obiora Egwuatu of the Federal High Court recently granted bail to 76 individuals involved in the August 2024 #EndBadGovernance protest. For the adult defendants, bail was set at N10 million each. The court, however, required parents to take responsibility for the minors’ bail.
One of the defense attorneys, Deji Adeyanju, expressed concern about the strict bail conditions, highlighting that these terms have resulted in several detained protesters being returned to custody despite the bail grant.
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