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The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has clarified that the arraignment and trial of minors who have committed crimes is not unconstitutional, countering claims made by some critics.
Fagbemi asserted that the Nigerian Constitution does not prohibit the prosecution of minors, even for serious offences.
The AGF addressed the issue while speaking late Thursday night in Abuja during the commissioning of the Law Corridor’s new office complex and the presentation of a book on modern Nigerian legal practices.
He noted that detaining #EndBadGovernance protesters, including minors, in a Federal High Court is appropriate, given the nature of the charges.
The remarks come in the wake of arrests made during the #EndBadGovernance protests held from August 1 to 10. Security agencies detained numerous participants, with plans by Inspector-General of Police Olukayode Egbetokun to arraign 119 protesters in two batches before Justice Obiora Egwuatu of the Federal High Court in Abuja on Friday, November 1.
The first group comprised 76 protesters, followed by a second batch of 43. Public outrage erupted when reports emerged that four defendants collapsed during the arraignment of the first batch, with many noting that minors appeared malnourished.
The incident has drawn widespread criticism, fueling debates about the treatment of detained minors and the broader handling of protesters.
Addressing the criticism that followed their arraignment, the AGF said, “Let me seize this opportunity to clarify something. There is a misconception that, because these are children and minors (the arraigned #EndBadGovernance protesters), various theories have surfaced. No law in this country says a minor cannot be tried, and I have also heard suggestions that they should go to a family court.
“The study of the law and the Constitution leaves you no other conclusion than that the Federal High Court has jurisdiction in matters bordering on treason and related issues, so whatever the situation, the President has closed the chapter by his decision to have these young men released.”
The AGF also noted that considering the facts of the case, the offences were serious. Nonetheless, President Bola Tinubu, as a father and grandfather, chose to pardon them and drop the charges.
He further state, “The President was very compassionate; he is a father and a grandfather. If you look at the facts in the possession of the security agency, you would marvel, but the President said, despite all this, ‘I have children, grandchildren,’ and that motivated his passion to release them and also enable them in some ways. So, the credit goes to him for showing compassionate consideration in releasing the young chaps.”
Speaking on the Supreme Court’s judgment on local government financial autonomy, the AGF noted that implementation would be a gradual process, as he would not initiate a project he couldn’t complete.
Fagbemi said, “It takes time to achieve full implementation, but it will be done. By the time we achieve this, everyone will be satisfied. I will not start a project I cannot finish. The President is happy with it, everyone is pleased, and the public’s response to the Supreme Court’s decision suggests that the President couldn’t have done better.”
The AGF also advised legal practitioners to embrace partnerships in the profession, adding that partnerships enhance expertise, increase capacity, improve risk management, and provide more benefits.
He stressed that it was no longer ideal for individual law firms to operate in isolation, stressing that partnerships bring together lawyers with diverse knowledge to achieve more efficient legal practice.
He added that partnerships allow for comprehensive legal solutions to a broad range of issues, enhancing creativity and jurisprudence.
“When experienced practitioners partner with younger lawyers, the next generation benefits from their experiences.
“In return, younger lawyers bring fresh perspectives, promoting adaptability and innovation in the profession.”
“Another benefit of partnerships is sustainability and resilience, fostering accountability and creating a support network to meet client expectations.
“Collaboration enhances strong relationships, which are essential in the legal profession, as clients seek a team that understands their needs and provides comprehensive services,” the AGF stated.
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