Well-known Human Rights advocate Professor Mike Ozekhome (SAN) has supported the Federal Government’s decision to terminate the treason cases against young individuals involved in the #EndBadGovernance protest, emphasising the need for careful review of legal principles when prosecuting young ones for politically charged. Ozekhome condemned the Nigeria Police Force (NPF) for their initial decision to accuse the minors of treason, an offence that carries the death penalty, simply for displaying a foreign flag, a display he believes does not warrant such a serious charge.
He raised the alarm about the trial of minors taking place at the Federal High Court in Abuja instead of Family Courts, which have been designated by the Child Rights Act to deal with such cases. He maintained that the minors detained for their involvement in peaceful demonstrations should have been processed under the regulations of these dedicated courts within the jurisdictions where the events occurred. Considering the legal standards, Ozekhome wondered if displaying a foreign nation’s flag could be considered a crime. He emphasises that both the mindset and the physical act play crucial roles in assessing the legitimacy of a criminal accusation.
The case raised public debate on the legality and ethics of charging minors.
Furthermore, he pointed out that this case has attracted public interest and discussions regarding the legality and ethics of charging young individuals for engaging in political protest. According to Nigerian law, treason is articulated in Section 410 of the Penal Code as an act of waging war against the State to threaten or destabilise the government. Meanwhile, Section 412 describes treasonable Felony as any action taken to pressure the government for policy changes, intimidate lawmakers, or provoke a foreign attack on the country, which may result in a penalty of life imprisonment.
Also, Ozekhome pointed out that the Penal Code is mainly relevant in the northern part of the country, whereas the southern region is regulated by similar laws found in the Criminal Code. According to Ozekhome, the accusation of treason for displaying a foreign flag was harsh, given that it did not demonstrate the necessary intent or actions to be classified as treasonous. He maintained that this behaviour is protected under the rights of free speech and expression, as provided by the 1999 Constitution. He noted that direct actions, like provoking the military or an outside power to destabilise the government, would be considered treasonous.
AGF Fagbemi defends prosecuting minors, citing serious charges.
Moreover, there was no evidence to suggest that the minors’ behaviours carried such intent or impact. He elaborated that while national law permits prosecuting individuals who breach any law, including treason, certain exceptions apply. These apply to children under the age of seven and to minors between seven and twelve who may not understand the ramifications of their behaviour. He referred to Section 50 of the Penal Code, which outlines these age-specific protections, contending that these principles emphasise differentiating between protests and actions to undermine the government.
Meanwhile, Lateef Fagbemi (SAN), serving as the Attorney-General of the Federation and Minister of Justice, responded to objections regarding the prosecution of minors. He maintained that bringing charges against minors involved in criminal activities does not violate the Constitution, emphasising the gravity of the accusations linked to the trial. Fagbemi stated that the seriousness of the allegations against the demonstrators, regardless of their age, warranted this degree of legal attention. Fagbemi’s remarks underscore a complex legal balance between maintaining public order and respecting individual rights, especially in cases involving young protesters.
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However, the government’s decision to drop the charges appears to align with Ozekhome’s view that the acts did not meet the high criteria required for a treasonable offence. He indicated that this action demonstrates an appreciation for constitutional rights and recognises the importance of specialised tribunals in addressing issues related to young individuals. On the other hand, discussions regarding the rights of demonstrators in contrast to the government’s duty to uphold public order have raised considerations about national Legal Systems and their relevance to civil rights. Ozekhome emphasises the necessity of assessing individual situations on their merit, especially concerning minors engaged in activism or public protests, to prevent violations of the constitutional freedoms of expression.