AGF Fagbemi Takes Over Prosecution of #EndBadGovernance Protesters Amidst Allegations of Treason

Hope came the way of 114 #Endbadgovernance protesters last night as the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, moved to take over their prosecution on alleged treason and other charges from the police.

This was after 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), had condemned the detention and prosecution of children who participated in the last Endbadgovernance protests, describing it as horrible.

One of the children collapsed on Friday in court while standing trial in a Federal High Court in Abuja.

The 114 defendants who were admitted to bail in the sum of N10 million each were to remain in custody pending the perfection of their bail or next year when their trial will begin.

However, the AGF, on Friday disclosed that he has directed the police to hand over the case file, adding that moves have also commenced to bring down the trail date from next year.

“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,” he said. 

Fagbemi in a statement pointed out that while it is not within his powers to vary the order of the court remanding the defendants in detention centres and adjourning the case to January, he has directed the Nigeria Police to transfer the case file to his office and hand over same to the Director of Public Prosecution of the Federation (DPPF) on November 2, 2024.

“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) “,the statement added.

Justice Egwatu admitted the defendants, including some under-age persons bail shortly after they pleaded not guilty to their respective charges, preferred against them by the Inspector General (IG) of Police.

 During the arraignment of the first batch of 76, four had collapsed leading to a short suspension of the proceedings, to enable care to be given to the collapsed defendants.

When trial resumed, the prosecution lawyer pleaded with the court to strike out the names of the sick defendants so that the remaining 72 could proceed with their arraignment.

The police had in the 10 count charge, accused the defendants of acting in concert with one Andrew Martin Wynne, a Briton, to destabilise Nigeria, during the August 1, Endbadgovernance protests in some states within the northern part of Nigeria.

 The defendants were further alleged to have attacked and injured police officers and burned police stations, a High Court complex, the NCC Complex, the National Communications Commission (NCC) complex, the Kaduna Investment and Promotions Agency office, and the National Union of Road Transport Workers (NURTW) office. 

They however pleaded not guilty to all the charges, following which their team of lawyers led by Marshall Abubakar prayed the court to admit them to bail pending trial.

 Responding, the prosecution who did not oppose the request urged the court to use its discretionary power in deciding the issue, adding that the conditions should be such that would enable them to stand trial.

Justice Egwatu, who observed that some of the defendants are under 18 years old, ordered that the adults be remanded at the Kuje Correctional Service, while the minors be remanded in the Borstal Home of the Correctional Service. He subsequently adjourned to January 24, 2025, for trial.

Meanwhile, condemning the trial and their prosecution, Atiku in a statement said, that the “disturbing video of malnourished children being arraigned before a Federal High Court on the orders of the Bola Tinubu-led federal government has been brought to my notice.”

According to Atiku, “The horrible scene reminiscent of a Nazi concentration camp once again reflects the low premium the current government places on the lives of the vulnerable, especially children.

”For emphasis, Section 11 of the Child’s Rights Act guarantees dignity of the child. It states that, ‘Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be – (a) subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse; (b) subjected to torture, inhuman or degrading treatment or punishment,”’ he stated.

He said that: ”The children are being prosecuted for their alleged role in the #EndBadGovernance protests, which took place between August 1 and August 10, 2024. If they are just being arraigned three months later, one can only imagine the sort of dehumanizing conditions they had been subjected to and have been detained all this while.

”I find it reprehensible that a man who claims to have fought for Nigeria’s democracy and had led protests now demonises those who decide to demonstrate against the effects of his harsh and draconian policies.

”Children who are the most affected by these polices have every right to protest peacefully as guaranteed by the Constitution and the Child Rights Act. A nation can be assessed by the way it treats its most vulnerable citizens. It is saddening that even underage children are not spared from the wickedness of T Pain,” the former vice president said.

According to him, ”The disturbing condition under which the alleged accused children were brought to court projects the very justification for their participation in the protest in the first place.”

On his part, Obi strongly denounced the poor handling of protesters, including minors, brought to the court under degrading conditions.

Obi said the constitution in democratic dispensation allows the people to protest against bad governance that is affecting their livelihood.

In a statement by his media aide, Ibrahim Umar, Obi writing in his X handle yesterday,  called on relevant authorities to investigate the horrendous incident that is an embarrassment to the country in the eyes of the global community.

According to Obi, “I just watched the disturbing and condemnable scenes captured in a circulating video, showing 124 protesters—among them minors—appearing in court today as part of efforts to secure the enforcement of their fundamental rights.

“The footage reveals minors, some so weak that they could barely stand, others fainting from sheer exhaustion and lack of nourishment. These children appeared visibly malnourished and starved—a condition that should alarm the conscience of every citizen in our nation.

“From their look, they were poorly handled despite being in the custody of the federal government of Nigeria.

“The offense alleged against these suspects, including minors, is protesting against bad governance that was directly affecting their livelihood and which our constitution under a democratic dispensation guarantees them. Curiously, most of the people in government today leveraged this aspect of the Constitution standing as champions of good governance while in opposition.

“Moreover, our status presumes that suspects deserve some dignity, even in a correctional home as human beings.

 “The reason why we should all be concerned about a situation like this is because we are part of a global community where human dignity should be respected.

 “May I appreciate the presiding lordship for halting the trial and saving the country further embarrassment it would have been to the World as a democratic nation?

“I would like to call on relevant authorities, especially the Minister of Justice and the Attorney General of the Federation, the Police, and the DSS, as well as the National Human Rights Commission, to thoroughly investigate such inhuman treatment of minors to avert such incidents in the future.”, Obi stressed 

 For his part, the Chairman, Senate Committee on Finance, Senator Musa has urged the Inspector General of Police, Kayode Egbetokun, to investigate the inhuman detention and arraignment of some minors who were alleged to be among the nationwide#EndBadGovernance protesters.

Musa, who is representing Niger East Senatorial District in the National Assembly strongly condemned the detention of the minors and urged the National Judicial Council (NJC) to probe the decision of the judge who presided over their case.

Part of his statement read, “I strongly condemn the unjust detention of minors following the #EndBadGovernance protests.

“It is deeply troubling that, despite 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.

“I also condemn the judicial stance advocating for the continued detention of these minors, which is entirely unacceptable and contrary to the principles of justice and fairness.” 

Also, CISLAC condemned the detention and reported maltreatment of minors involved in the #EndBadGovernance protests.

The organisation expressed deep concern following reports that several detained children, some under the age of 15, collapsed due to malnutrition inside a Federal High Court in Abuja.

 In a statement signed on Friday by CISLAC’s Executive Director, Auwal Musa Rafsanjani, the organisation called on First Lady Senator Oluremi Tinubu to intervene, urging her to see these young detainees as “her own children.”

 CISLAC appealed to President Bola Tinubu to halt these actions by government officials, including the Minister of Justice, and to immediately order the release of the minors.

 According to the Executive Director, RULAAC, a not-for-profit non-governmental human rights advocacy organisation, Okechukwu Nwangwuma, “the situation with the underage children fainting in court due to hunger and illness is absolutely heartbreaking and unacceptable. 

“It’s shocking to learn that these children have been in detention since August, allegedly for participating in the #EndBadGovernance protest, and are being arraigned in Abuja despite being caught in Kano, Kaduna, and Zaria. 

 “If it is confirmed, the claim that one of the minors was listed as 15 years old on the charge sheet but claims to be only eight years old, it raises serious concerns about the handling of this case.

  “It’s crucial that the authorities ensure the welfare and safety of these children, particularly considering their vulnerability. Nigeria has laws and policies in place to protect children, including the Child Rights Act 2003, which defines a child as anyone under 18 years old and emphasises the best interest of the child in all actions.”

Chuks Okocha, Alex Enumah, Sunday Aborisade, Kasim Sumaina and Sunday Ehigiator

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