#EndBadGovernance: After embarrassing mistreatment of accused minors, AGF directs police to surrender casefiles

The Attorney-General of Justice and Minister of Justice, Lateef Fagbemi, has demanded the Nigerian police to hand over the case file of 76 defendants, including tens of hungry-looking underage persons, charged over last August’s #EndBadGovernance protest.

Mr Fagbemi directed the police to deliver the case files to his office “and hand over same to the Director of Public Prosecution of the Federation (DPPF) tomorrow, Saturday 2nd November 2024.”

His spokesperson, Kamarudeen Ogundele, shared his statement with PREMIUM TIMES late on Friday night.

The AGF’s directive came hours after the Nigerian police herded 76 starkly malnourished individuals, including at least 28 minors, from three-month detention to the Federal High Court in Abuja for arraignment on charges of terrorism and treason on Friday.

Video clips that emerged from the proceedings showed many of the boys gnawing on pieces of biscuits handed to them in the dock by some lawyers.

At the height of the embarrassing courtroom spectacle, three of the minors aged 14 and 16 and two other defendants said to be aged 18 and 21 slumped in the dock while waiting to take their pleas.

The judge, Obiora Egwatu, suspended the trial of the four persons, but insisted that their trial would continue when they are medically fit.

The misery of the defendants were compounded on Friday, with the judge imposing on the “adults” among them stringent bail conditions, including N10 million bond with a surety who must not be less than Grade Level 15 in the civil service.

The minors among them, the judge said, should present their parents or guardians as their sureties.

He then ordered them to be remanded pending when they will fulfill their bail conditions.

The court then adjourned until 24 January for trial.

AGF intervention

The AGF directed the police to hand over the case files to enable him to take an informed decision on the case.

“It has just come to my notice that the police have arraigned those arrested in connection with the endbadgovernance violent protest in court for various offences including treason.

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

“I am aware that the court has remanded the defendants in detention centres and adjourned the case to January,” he stated.

He said although he could not vary the court’s order remanding the defendants in detention centres and adjourning the case to January, he has directed the Nigerian police to transfer the casefile to his office.

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

The trial and possibly harsh conditions the detainees must have passed through in the last three months are clear examples of mistreatments the Child’s Rights Act prohibits.

Accused minors collapse in court

PREMIUM TIMES earlier reported how two minors and another defendant slumped in court on Friday.

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.

The trial judge abruptly halted the proceedings at the turn of events. He went back to his chambers for calm to return to the courtroom, while the four persons were taken out for medical attention.

On his return from chambers after some minutes, the judge suspended the trial of the four individuals who slumped, saying they were “discharged till they’re medically fit.”

With the judge’s pronouncement, it means the minors will continue to face terrorism and treason charges when considered to be medically fit. This is despite the Child’s Rights Act expressly prohibiting the trial of underage children – persons below 18 years old – in regular courts and in the manner they are being prosecuted.

Three months in detention

In August, Mr Egwatu, ordered the remand of all of them, including at least 28 minors who are below the age of 18, in prison for two months, to enable the police to complete their investigations.

The documents filed by the police to seek the remand order stated the ages of the defendants. It showed at least 28 of them were underage, although observers said that from their looks, most of the defendants are likely to be minors.

The defendants were arrested in Abuja, Kaduna, Kano, Katsina, Sokoto and Gombe in connection with the 10-day protest which was held in many parts of the country from 1 to 10 August. The protest turned violent, leading to deaths in some northern states.

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The Inspector-General of Police, Kayode Egbetokun, in the application for the detention order on 8 August, accused the detainees of “terrorism, treason, treasonable felony, arson, and other terrorism-related offences.”

The defendants, who have now been detained for about three months, were initially held in police cells before the police approached the court to obtain an order for their remand in August.

The detention of the defendants has drawn widespread condemnation for the police’s attempt to criminalise protest, and particularly the charging of minors by the police.

The #EndBadGovernance protest

Protesters surged to the streets in major cities around the country between 1 and 10 August to protest against the economic hardship and bad governance in the country.

The protesters blamed the hardship on Mr Tinubu’s economic policies underpinned by the removal of subsidies on petrol and floating of the naira.

The #EndBadGovernance protests sought the reversal of the policies.

The police have remained impervious to criticism and counsel since they commenced a widespread clampdown on both actual and perceived protesters in August.

The widespread condemnation intensified after they approached the court to obtain court orders for the detention of 76 individuals including minors in August.

In September, the police went on to arraign 10 persons over the protest, accusing them of conspiring with a British socialist Andrew Wynee to topple the administration of President Bola Tinubu.