Citizens Gavel Legal Associate, Marvellous Monday, who signed the release, added that the protesters did nothing but to protest the hunger that had plagued the common man in all the nooks and crannies of Nigeria in recent times as a result of the current administration.
Citizens' Gavel, a civic-tech not-for-profit non-governmental organisation, has petitioned the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, urging him to discontinue the charges against some malnourished underage children and #EndBadGovernance protesters in the Federal Capital Territory, Abuja.
The organisation in a statement on Monday noted that the AGF must invoke "his powers under Section 174 (1)(c) of the CFRN 1999 (as amended) to enter a Nolle Prosequi in favour of these children as well as all other Defendants in the charge thereby withdrawing and discontinuing the charge against them."
Citizens Gavel Legal Associate, Marvellous Monday, who signed the release, added that the protesters did nothing but to protest the hunger that had plagued the common man in all the nooks and crannies of Nigeria in recent times as a result of the current administration.
He said, "This revelation that the Nigeria Police still detained these children and other persons came to fore upon the arraignment that happened on Friday, November 1, 2024, when some #Endbadgovernance protesters were arraigned before the Federal High Court sitting in Abuja in Charge No: FHC/ABJ/CS/503/2024; IGP V NURA IBRAHIM AND ORS on various counts including treason and intent to destabilize Nigeria.
"The disturbing part of the process was that there were minors below the age of eighteen (18) among the 76 Defendants who were arraigned.
"The Defendants had been reportedly arrested between August 1-10, 2024, during the #Endbadgovernance protests that happened in many parts of Nigeria. From the latest possible date of their arrests until the date of arraignment, these persons had spent at least eighty-three (83) days in detention before they were brought to Court to be arraigned on charges mainly bothering on intent to destabilize Nigeria.
"To worsen the situation, upon their appearance in Court, they looked obviously malnourished and in a terrible state of health, showing that they were detained all these while under very terrible conditions and without proper and adequate care.
"This was arguably why about five (5) of the arraigned persons, including minors, collapsed during the court proceedings while others shed tears helplessly, and the Court was forced to stand down the proceedings to reconvene later that day.
"Keeping the Defendants, allegedly comprising of persons below the age of 18, for at least eighty-three (83) days in detention before they were brought to Court is a violation of various rights, including:
Breach of their fundamental right to personal liberty as guaranteed under section 35 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as amended) and Article 6 of the African Charter on Human and People's Rights as the Defendants were allegedly kept for at least eighty-three (83) days in detention before they were brought to Court which is contrary to the twenty-four (24) hours prescribed by the Constitution.
"These Defendants also suffered gross violation of their right to enjoy respect for the dignity of their persons as guaranteed under section 34 of the CFRN 1999 (as amended) and Article 5 of the African Charter on Human and People's Rights, having been kept in detention for months without proper care and provision up to the extent of them looking visibly malnourished, unableA to walk and some slumping in Court during the proceedings.
"Furthermore, as provided by Section 212 of the Child's Rights Act, the detention of children awaiting trial should be deployed as a last resort. And if they are so detained, they are to be cared for properly when they are in detention.
"However, they have been allegedly detained for at least eighty-three (83) days without proper care, depriving them of the protection that the law grants them under section 212 of the Child's Rights Act.
"Consequently, Citizens' Gavel condemns the high-handedness and cruelty that has been meted out to the Defendants in their totality by the Nigerian Police Force. Nigeria is a society governed by the rule of law, and people in authority should not be seen abusing their powers without any remorse.
"Conversely, we commend the swift action of the Attorney General of the Federation and Minister of Justice in taking over the case by directing the Nigerian Police Force to hand over the case file to the Department of Public Prosecution of the Federation (DPPF) and also directing the DPPF to immediately set machinery in motion for the Court's consideration of moving the adjournment date forward (to an earlier date).
"However, more can be done and should be done for these children and the other protesters.
"Hence, Citizens' Gavel has petitioned the Attorney General of the Federation, urging him to go a step further by using his office as the chief law officer of Nigeria to come to the aid of these minors by invoking his powers under Section 174 (1)(c) of the CFRN 1999 (as amended) to enter a Nolle Prosequi in favour of these children as well as all other Defendants in the charge thereby withdrawing and discontinuing the charge against them as they did nothing but protest the hunger that has plagued the common man in all the nooks and crannies of Nigeria in recent times as a result of the current economic policies and reality.
"Freedom of speech and peaceful protest are integral parts of any democracy, including Nigeria's democracy. Hence, no one ought to prevent Nigerians from voicing out their dissatisfaction when they have any. This, therefore, shows that the charges of treason, intent to destabilize Nigeria and other similar offences for which the Defendants are being charged are unreasonable and unsustainable and should, therefore, be withdrawn.
"Having suffered unlawful detention and other violations of their rights in the last few months, the least that can be done for the Defendants is that these charges against them be withdrawn and they be allowed to return home as free Nigerians.
"We are not unaware of the provisions of Section 174(3) of the CFRN 1999 (as amended), which requires the Attorney General of the Federation to consider the public interest, the interest of justice and the need to prevent abuse of legal process while exercising his powers to institute, take over and discontinue a matter. Therefore, putting into consideration the public interest and the interest of justice in the situation at hand, we strongly believe that it is in the best interest of the public and justice that the Attorney General of the Federation should discontinue this matter, and this will not in any way amount to an abuse of court process. We believe that it is for pressing national issues like this where public interest and the interest of justice will be fulfilled by invoking his powers to discontinue a matter that such powers were donated to the office of the Attorney General of the Federation by the Constitution. We urge the Attorney General of the Federation to put it to good use now, as there could be no better time to do so.
Citizens' Gavel will continue monitoring the situation to ensure justice is achieved."