Abuja — The Federal High Court sitting in Abuja yesterday struck out two separate treason charges preferred against 119 persons who were arrested and detained for participating in the #EndBadGovernance protest that held across the country in August.
Their release came as Vice President Kashim Shettima said it was effected on compassionate ground.
This is even as human rights activist, Femi Falana, SAN, threatened to sue the Federal Government, if it failed to give education to the released minors, insisting that their release was not just enough.
Recall that stringent criticisms had trailed the arraignment of the minors in court in Abuja last Friday, with the northern governors, Arewa Consultative Council, ACF, lawyers, civil society organisations, CSOs, among other, condemning the dehumanising condition of the minors.
Vanguard gathered yesterday that the minors were kept in the holding facility of Inspector General of Police's Special Response Team, IRT, in Abuja, where hardened criminals, including terrorists, bandits and kidnappers are kept.
However, the court terminated further proceedings in the charges after they were withdrawn by the office of the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN.
Whereas 32 minors were cited as defendants in the first 10-count charge marked: FHC/CR/503/2024, in the second charge, marked: FHC/CR/527/2024, which contained four-counts, five minors were listed as defendants in the matter.
Though both charges were filed by the Nigeria Police Force, when the cases were called up yesterday, FG, through the office of the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, however, officially took over the matter and notified the court of its decision to discontinue the cases.
The application for discontinuance, which was moved by the Director of Public Prosecution of the Federation, DPPF, Mr. Mohammed Abubakar, was anchored on provisions of sections 174(1), (b) and (c) of the 1999 Constitution, as amended, and 108 of the Administration of Criminal Justice Act, ACJA, 2015.
The DPPF also applied for the proceeding to be conducted without the presence of the minors in the courtroom, in line with provisions of section 266 (b) of the ACJA, 2015, and section 1 of the Childs' Rights Act.
On their part, the defence lawyers, led by frontline human activist, Mr. Femi Fanala, SAN, said they were not opposed to FG's request.
Consequently, trial judge Obiora Egwuatu struck out the charges.
It will be recalled that four minors, who were among 76 persons listed in one of the charges, slumped before they could be arraigned before the court last Friday.
The teenagers, between the ages of 14 and 17, who appeared ill and malnourished, collapsed after they were marshalled in for arraignment.
Owing to the development, police delisted the four affected teenagers from the charge sheet, even as it proceeded to dock the other defendants who were subsequently granted very stringent bail conditions by the court.
While some of the defendants, who had already spent over 90 days in police detention, huddled in the dock during their arraignment, others stood outside the cubicle owing to limited space.
Justice Egwuatu had after the minors pleaded not guilty to the charges, granted each of them bail in the sum of N10million with two sureties in like sum.
He held that one of the sureties must be a civil servant not below grade level 15, who must have a verifiable address that is within the court's jurisdiction.
According to the court, the second surety must be a parent of the defendant.
Minors facing trial were released on compassionate ground-- Shettima
However, speaking yesterday after the release of the minors, Vice President Kashim Shettima declared that his principal, President Bola Tinubu, directed the Attorney General of the Federation, AGF, to facilitate the release of the minors facing trial for treason on compassionate grounds.
He also said the nation lost over N300 billion from the destruction and halting of economic activities orchestrated by the protesters.
Shettima said there was incontrovertible digital video and photographic evidence of the perpetration and actions of some of the protesters which were uploaded by the actors themselves.
The Vice President spoke while receiving the minors at the Presidential Villa, Abuja, shortly after their charges were dropped by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi.
He said: "President Bola Tinubu instructed the release of the suspect on humanitarian grounds, despite incontrovertible digital video and photographic evidence of the perpetration and actions, some of which were uploaded by the actors themselves.
"Regarding this evidence, the President, as the father of the nation, is giving these young men another chance at becoming responsible citizens who will make a positive impact, in a drive for a better Nigeria.
"I would like to admonish you, young men, not to allow yourselves to be used to perpetrate violence and destroy public and private property because over N300 billion was lost in the protests, consisting mainly private property and loss of businesses.
"I will urge you, I will advise you, you are our children, to use the opportunity of the President's magnanimous gesture in ensuring that you overcome and become responsible citizens who will contribute to the growth of the society.
"I will urge our governors and our elected representatives here, that cuts across political divide, what binds us together as citizens of Nigeria supersedes whatever divides us.
"I will call on our two governors and our representatives into a single cause, and ensure that these subjects are rehabilitated and reintegrated to the fabric of our communities."
The freed 119 #EndBadGovernance protesters (minors and adults) who were earlier arraigned by the Nigeria Police Force and discharged by the Federal High Court sitting in Abuja arrived the presidential villa at noon.
Justice Egwatu, had earlier struck out the case against the protesters as requested by the Office of the Attorney General of the Federation, AGF, led by Lateef Fagbemi.
They were received by the Vice President on behalf of President Tinubu and handed over to their respective state governors, Uba Sani of Kaduna and Abba Yusuf of Kano.
Present at the event were Ministers of Education, Tunji Alausa, Humanitarian Affairs and Poverty Reduction, Nentawe Yilwatda, Environment, Balarabe Lawal and the Minister of State for Humanitarian Affairs and Poverty Reduction, Tanko Sununu.
Senior Special Assistant on Community Engagement Northwest, Abdullahi Yakasai was present at the State House Auditorium, Abuja.
Also present to receive them were the Deputy Senate President, Jubrin Barau, and the Chairman, House Committee on Appropriation, Abubakar Bichi.
Falana threatens to sue FG, if minors are not given education
But human rights lawyer SAN, Femi Falana, said that despite the release of the minors, he was proceeding to sue the federal government for failure to ensure they went to school as provided for in the Child Rights Act.
Falana said: "This morning (yesterday), I was in the courts in Abuja, here, where 119 Nigerians, including 29 minors, were brought to court. But the government was so ashamed that we couldn't take them to the courtroom, unlike last week.
"The government came to the court this morning (yesteday) to withdraw the frivolous charges. So, the young people have been freed.
"But as I did say to the court, it's not enough to terminate this trial. These young people, who ordinarily should have been in school during the protests, must be rehabilitated by the government. And we are going to ensure they are rehabilitated.
"If the government fails, we are going to court to sue the government because it is the responsibility of the government, by virtue of the child's rights law, which has been adopted and enacted into law by all the states of the federation.
"Section 15 of that law provides that every child in Nigeria shall be given free and compulsory education from primary to junior secondary school. This time around, we are going to ensure these children are given education free up to senior secondary school."
Released minors need mental health support - Expert
On the effect of the detention on the minors, a Clinical Psychologist and Medical Social Worker at Lagos University Teaching Hospital, LUTH, Ms. Titi Tade, called for immediate psychosocial support for the minors.
Tade, who is the Training Director of the Suicide Research and Prevention Initiative of Nigeria, SURPIN, Nigeria's leading suicide prevention organisation, expressed concern over the psychological well-being of the children, even as she highlighted the potential trauma they might have experienced, emphasising the need for both individual and family support.
Responding to the development in a telephone interview, Tade warned that without proper support, the children might suffer from long-term psychological consequences, including maladaptive behaviours and emotional distress.
"Without saying the children will be very traumatised, because as children, that's not the situation they ought to be in. They probably would have been broken by older people, and some of them would have been exposed to other hardships. Some of them may leave that place harder than they went in emotionally.
"Their behaviour could become new, and maladaptive, that kind of thing. So, there are various areas whereby providing psychosocial support for them will have to explore all these kinds of areas," she remarked.
In her argument, Tade said while children with families might require counseling and rehabilitation to help them cope with the trauma and reintegrate into society, she cautioned that for the street children among them, the challenges were even greater.
"The question is what their normal life is? I mean, some of these children definitely will come from regular families, and now where there are families, are these families functional, do these families need support? Some of the children may be street children who have no family support, so you want to identify what different categories the children fall into, and this will also determine what sort of help you can render to them.
"For the ones that have families, for example, you may be able to get help to provide support for them, and it is not just providing support, they need rehabilitation to help them to get back on their feet. For the children that may be on the street, their's may be a double jeopardy because they may go back and be re-traumatised, being re-traumatised in the sense that they go back to the streets they don't know.
"So, it is important not being aggressive towards them if they are showing some of these coping mechanisms and coping skills, but being able to understand that they've gone through trauma and just being able to provide some sort of safe environment for them to recuperate in.
"This will help them to understand that what they've gone through has traumatized them. Some of them may exhibit regressed behaviour, some may be desperate; some may have started biting their fingers or sucking their thumbs as a way of coping," she said.
Tade emphasised the need for the provision of safe shelter, education, counseling, and general psychosocial support, in addition to exploring options such as rehabilitation centers and NGOs to offer the services.
"It will be important not just to identify the families they come from but also to provide the education and information, so they can help the children settle back in, beyond all the professional counseling. If they don't have any place to go to, then let's explore what states are they from.
"Are there facilities they can benefit from in the state, such as rehabilitation centres? Are there NGOs they can be placed in that will work with them, and provide education, provide counseling, and provide general psychosocial support for them? These I think are the major approaches," she noted.
Minors will be reintegrated--Gov Yusuf
Also yesterday, Governor Abba Yusuf, of Kano State received 76 of the minors, commeding President Tinubu for responding to public calls to release them.
The governor made the remarks after receiving the teenagers from Vice President Kashim Shettima at the Presidential Villa in Abuja.
In a statement issued by the governor's spokesperson, Sunusi Bature, Governor Yusuf expressed deep appreciation to the President's compassion, which he described as a magnanimous gesture toward the youth of Kano State.
Thanking the President for his understanding, the governro said: "I want to extend my heartfelt gratitude to His Excellency, President Bola Ahmed Tinubu, for his compassion in responding to the appeals from various stakeholders within and outside Nigeria.
"Mr. President has demonstrated remarkable empathy and commitment to justice, and we truly appreciate his gesture."
The 76 minors, who had been detained in connection with the August protests, will be flown back to Kano where they will undergo medical evaluation and receive necessary treatment before being reunited with their families.
Governor Yusuf assured that the children would be reintegrated into society through enrolment in local schools, providing them with opportunities to rebuild their lives and realize their full potentials.
"In light of the gravity of the charges against them, we recognize the importance of offering these children a second chance.
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"While their actions were regrettable, their status as minors should not deny them the opportunity to be rehabilitated and contribute positively to society," said Governor Yusuf.
A team of medical professionals has been designated to assess the physical and mental health of the released minors.
Following this, they will be reunited with their families and offered continued support to ensure they can live normal, productive lives.
IGP summons DCPs in charge of CIDs nationwide over care, welfare of young detainees
Similarly, following the outrage that greeted the arraignment of the minors in court, the Inspector General of Police, IGP Kayode Egbetokun, yesterday summoned all Deputy Commissioners of Police in charge Criminal Investigations Departments, CIDs, at commands and zones and heads of investigation units to Abuja for a meeting
The meeting slated for tomorrow, November 7, 2024, at the Police Resource Center, Jabi, is aimed at further ensuring professionalism in investigation, with emphasis on child-friendly investigation and care,
A statement by Force Public Relations Officer, ACP Muyiwa Adejobi, who disclosed this in a statement late Monday night, said: "Following the recent remand and subsequent arraignment of some young individuals on Friday, November 1, the Inspector-General of Police, while in Algiers, Algeria, for the African Union Mechanism for Police Cooperation committee meeting, directed investigation into the conditions surrounding the care and welfare of these young persons while in police detention facilities.
"Upon receiving the investigative report on Monday in Glasgow, where the IGP is currently participating in Interpol General Assembly, the IGP vowed to thoroughly examine it and take necessary actions to address any procedural lapses or concerns.
"To further ensure professionalism in investigation, with emphasis on child-friendly investigation and care, the IGP has summoned all DCs CID and Heads of Investigation Units to a conference and workshop on November 7, 2024, at the Police Resource Center, Jabi.
"The Nigeria Police Force reaffirms its commitment to upholding legal frameworks, ensuring fairness, and accountability, especially for vulnerable groups."
NAPPS offers scholarships to released minors
Meanwhile, the national leadership of the National Association of Proprietors of Private Schools, NAPPS, has offered scholarships to the minors who were released yesterday.
Speaking at a briefing in Lagos, the chairman, NAPPS Nigeria New Board of Trustees, Abdulmumuni Kundak, said the scholarships would cover primary and secondary education.
"We are going to liaise with the authorities and get the records of the persons and those who are within the ages of primary and secondary education will be given the scholarships wherever they are. We have members across the country and anywhere the minors live, our members will be ready to absorb them.
" It is better we train these youngsters to become better and enlightened citizens of the country for them to also make positive impact on the society.
"Being involved in humanitarian services like this is not new to us. We donated to the victims of the recent flooding in Maiduguri, Borno State," he said.
He added that each member of the association also gave at least four scholarships to their students yearly.
