Nigeria: Endbadgovernance - Tinubu Orders AGF to Free Minors Facing Trial

5 November 2024

Abuja — President Bola Tinubu yesterday directed the Attorney General of the Federation, AGF, Lateef Fagbemi, SAN, to facilitate the immediate release of all minors facing prosecution in court over alleged involvement in the #EndBadGovernance protests without prejudice to the law.

The President's directive came on a day 19 protesters, including three minors, were arraigned before Justice Aisha Mohammed Ali, at State High Court 10, in Maiduguri, Borno State for their participation in the protest.

This is even as fresh protests rocked Abuja yesterday over continued hardship in the country.

76 persons, who were arrested in Kano and Kaduna States and detained for brandishing the Russian flag during the #EndBadGovernance protest, were charged to court for allegedly attempting to overthrow the President.

But last week, 29 minors among those arrested were arraigned in court and their arraignment has attracted condemnation both within and outside the country.

It will be recalled that sharp criticisms had since last weekend, trailed arraignment of the minors by the Police in Abuja, as Northern governors, Arewa Consultative Forum, ACF, Nigeria Bar Association, NBA, the presidential candidates of People Democratic Party, PDP, Abubakar Atiku, and Labour Party, Peter Obi, among others, called for immediate release of the minors.

Apparently responding to the calls yesterday, President Tinubu, aside ordering immediate release of the minors, also directed the Minister of Humanitarian Affairs and Poverty Alleviation, Nentawe Yilwatda, to see to the welfare of the minors and ensure their smooth reunion with their parents or guardians, wherever they were in the country.

Briefing State House correspondents, Minister of Information and National Orientation, Mohammed Idris, flanked by Special Adviser to the President on Information and Strategy, Bayo Onanuga, and Special Adviser to the President on Public Communications and Orientation, Sunday Dare, said the President has directed the AGF to immediately ensure release of the minors.

He also directed that all the law enforcement agents involved in the arrest, detention and prosecution of the minors be investigated and that anyone found culpable will face appropriate disciplinary action.

The minister said: "All of you are aware that in the last couple of days, there have been some very deep inquiries and commentaries about the fate or situation regarding the minors that had been arrested by the Nigerian Police and undergoing some legal processes.

"You saw what happened in the courtroom. And as a result of that, Mr. President, because of his very deep commitment to democracy and the rule of law, and without prejudice also to whatever legal processes there are and on the other hand, on the human part of it, he has directed that some announcements be made.

"I recall that I had a short briefing with Mr President early this evening (yesterday), and he has directed the immediate release of all the minors arrested by the Police.

"Without prejudice to whatever legal processes there are, the President has directed that all of them be released immediately.

"Second, the President has also directed the Ministry of Humanitarian Affairs and Poverty Reduction to immediately see to the welfare of those minors, and also take part to ensure that they are smoothly reunited with their parents or guardians, wherever they are in the country.

"Also, the President has directed that a committee will be set up immediately to be headed by the Ministry of Humanitarian Affairs. It is an administrative committee to look at all issues surrounding the arrest, detention, treatment, and finally, the release of these young minors.

"Similarly, the President has directed that all law enforcement agents involved in the arrest and the legal processes will be investigated, and if there are any infractions found to have been committed by any official of the government, be he a law enforcement agent, or whoever, appropriate disciplinary action will be taken against him or her.

"So to recap, the President has directed that these children, these minors, be released immediately. This is, of course, without prejudice to whatever legal processes there are.

"Of course, if you look at this issue, there is the legal side of it, but there is also the human angle, the humanitarian side of it. Mr. President has directed that whatever the circumstances are, let the minors be released.

"They can, of course, continue whatever processes there are. if indeed there are, as stipulated by our laws, the President has directed that all of the minors be released."

Police arraign 3 minors, 16 others in Maiduguri

However, hours before the President's directive, the Borno State government had arraigned three minors and 16 others in Maiduguri, over their participation in the #EndBadGovernance protest.

According to the charge sheets, the ages of the three minors ranged from 14 to 17 years old.

In his submission, the Borno State's Attorney General and Commissioner for Justice, Hauwa Abubakar, accused the defendants in two separate charge sheets bordering on treason and using social media to defame the state governor, Babagana Zulum, inciting citizens against the state.

The minors, according to the state prosecutors, are among the seven people who conspired to form a social media group in Hausa, Zanga-Zanga (protest) on WhatsApp and TikTok, where they allegedly agreed to take arms against the state, which is punishable under Section 79 of Borno State's Penal Code, 2023.

The second charge sheet accused 11 defendants of displaying Russian flags in public and chanting "Bama yi", which according to the prosecutors, is contrary to Section 42 and punishable under Section 76(b) of the penal code law of the state.

However, when the charge sheets were read to the defendants, they all pleaded not guilty.

Consequently, the prosecutors applied for a date to call witnesses and establish their case beyond a reasonable doubt.

The defence counsel, Mr Yakubu Adamu, called for an accelerated hearing, pointing out that the accused had already suffered over 90 days in police detention.

"It's only when accelerated hearing is given to this case that justice shall be given to these young people arraigned before this honourable court," he said.

The presiding judge, Justice Ali, adjourned the case to November 18, 2024, for the continuation of the hearing.

She also ordered the minors to be taken to juvenile homes, while adult defendants should be remanded in prison till the next adjournment date.

Protest in Abuja as Nigerians decry fuel crisis, inflation woes

Meanwhile, Abuja again recorded another protest yesterday, scores of Nigerians embarked on demonstrations against escalating fuel costs, chronic fuel shortages, and mounting economic hardship in the country.

Led by Abdullahi Bilal of the (Two Million Man March Against Oil Scam Cabal) and Mr Napoleon Otache and Olayemi Isaac from Citizens and Economic Freedom Rights Activists in Nigeria, CEFRAN, the demonstrators demanded immediate action to address what they described as failed leadership in managing the country's oil sector.

Central to the protests are grievances over skyrocketing fuel prices and never-ending queues, which they argued had driven inflation and plunged millions of Nigerians into poverty.

The demonstrators condemned the current fuel subsidy regime, claiming it had only served to enrich a select few, while leaving the majority to struggle with high prices.

They called for full deregulation in the oil sector to ensure transparency, competition and fairer fuel pricing.

The protesters also decried importation of adulterated fuel, which they said is the result of a corrupt practice that harm citizens by damaging vehicles and businesses.

They demanded an immediate halt to these imports and accountability for those responsible, questioning how substandard fuel continued to enter the country, despite quality control assurances.

The protesters criticized the unfulfilled promise of Dangote Refinery to resolve Nigeria's fuel crisis, expressing frustration over billions of dollars spent on refinery development and failed refurbishment of existing facilities.

Highlighting the impact of the fuel crisis on the economy, the protesters cited inflation surpassing 34% and a 200% rise in fuel prices, factors they said, were deepening poverty across the country.

Speaking to journalists during the demonstration, Abdullahi Bilal stated: "The Two Million Man March stands as a united voice for every citizen who has been betrayed by a system that continues to enrich a few at the expense of many.

"Today (yesterday), we call for the immediate resignation of the current leadership in the country's oil sector. Their management has failed Nigerians.

"Under their watch, we have seen fuel prices skyrocket without consultation or consideration of the devastating impact on the people. We have endured fuel scarcity, while sub-standard, adulterated fuel is imported, causing further hardship.

"We demand complete removal of the fraudulent fuel subsidy regime that has only served to enrich a select few. Full deregulation is necessary to introduce transparency, competition, and fairness to our oil sector.

"We also demand an end to the importation of adulterated fuel into Nigeria. This harmful practice must stop immediately, and those responsible must be held accountable for the damage caused to our vehicles, businesses and livelihoods.

"Nigerians have suffered enough, wasting hours and days queuing for fuel. We demand sustainable solution to the fuel scarcity crisis--no more excuses, no more delays. We deserve better.

"We also want to highlight the failure of the much-anticipated refinery. Nigerians were promised that this will solve our fuel crisis, but it has failed to deliver.

"This mismanagement has led to inflation reaching a shocking 34.5% as of November 2024. Fuel prices have increased by over 200%, plunging millions of Nigerians into deeper poverty.

"To the government, we say enough is enough. Nigerians will not stand by while the oil cabal continues to thrive at the expense of our nation's welfare. We demand accountability and we demand it now."

On their part, Mr Napoleon Otache and Olayemi Isaac, said: "This act of economic sabotage has led to endless fuel queues, skyrocketing fuel prices, and unprecedented disruptions in the daily lives of Nigerians.

"We demand an immediate end to fuel queues, transparency, and accountability from all involved parties. We want to know how substandard fuel continues to enter the country, despite assurances of quality control."

Terminating treason charge against minors not enough -- FALANA

Reacting to the presidential directive last night, human rights activist, Femi Falana, SAN, said: "In view of the directive of President Bola Tinubu that the treason charge against the malnourished children be withdrawn, it is hoped that the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, will formally discontinue the frivolous charge by filing a nolle prosequi application at the Federal High Court.

"The Attorney-General of the Federation should also discontinue charges pending against the remaining 101 protesters as there is no scintilla of evidence to support the charge of treason arising from the #EndBadGovernance protests that took place in several states last August.

"However, in a desperate bid to prove the grave charge of treason against the 130 defendants, including 29 minors, and thereby expose the Federal Government of Nigeria to unprecedented ridicule, the Police prosecutor had set out to tender 76 Russian flags, two fire extinguishers, two prepaid metres, letters of arrest and statements of the suspects at the trial court."

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