In a statement on Monday, the commission stated that the arrest, detention and arraignment of the minors by the Nigerian Police on charges of treason and attempting to overthrow a legitimate government among other charges, clearly contravenes a plethora of national, regional and international laws.
The Executive Secretary of the Commission, Dr Tony Ojukwu who stated this in Abuja over the weekend, noted that the action of the Nigeria Police has raised significant concerns among senior lawyers and legal experts, the human rights community, development partners, sister national human rights institutions and well-meaning Nigerians.
It also said the act is widely considered an excessive and inappropriate use of state institutions against citizens and it is even worse when the victims are children and minors whose best interests were not considered at all in line with the law.
The NHRC’s Chief Executive Officer stressed the importance of ensuring that legal proceedings align with children’s rights as protected under Nigeria’s Child’s Rights Act 2003, the Administration of Criminal Justice Act 2015 (ACJA), and some regional and international legal frameworks, including the African Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rights of the Child (CRC).
“These frameworks emphasised that children should be treated differently and separated from adults within the justice system, focusing on their best interest, protection and rehabilitation rather than harsh punitive measures.
“Unfortunately, the trial court should know better than the police unleashed a draconian bail condition which almost all the children cannot meet, and adjourned the matter to Jan 2025, knowing fully well that these are children who have been detained since August 2024. In fact, the judge witnessed some of the children looking malnourished and unwell which calls to question the mental state of the judge when imposing such bail conditions on the children and minors for participating in a protest now turned into treason.
“The NHRC’s criticism mainly centres on the insensitivity of the prosecution and the court for the lack of humanity, accountability and impunity in the application of the law to the children, the severe nature of the charges, the draconian bail conditions and the potential for the psychological harm such impunity in actions might cause minors, bearing in mind that there are procedures for the treatment of the underaged, even when they come in conflict with the law.
“When treated in the way the prosecution and the court have done, our children could grow up with deep grudges against society, and unleash huge contempt on society in future.
“We are therefore calling for immediate corrective action to ensure that children are not unfairly subjected to extreme inhumanity and slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state”, the learned Silk advised.
According to his statement, the incident also points to broader systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary, on the need to protect child rights in compliance with both national and international human rights standards.
Ojukwu commended the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) for intervening by instructing the police to forward the case files of these minors to his office for a review by the Director of Public Prosecution of the Federation (DPPF).
“This action by the Honorable Attorney General of the Federation is seen as a positive step towards ensuring a fair and careful evaluation of the charges levelled against the minors, providing an opportunity to reassess the appropriateness of the charges, the combination of adults and children in the same charges, the venue of trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a host of other considerations enumerated in the law concerning the treatment of Children when in conflict with the law.
“These considerations have been disregarded with impunity so far by both the police and the trial Judge therefore casting doubts as to whether the children can get fairness and justice from the current handlers within the police and court under the circumstances.
“The intervention of the HAGF further underscores the importance of prosecutorial and judicial oversight, particularly in cases involving children for serious allegations like treason.
“By involving the DPPF, the Attorney General’s office has demonstrated a commitment to upholding due process and the rights of children, who should be afforded protection and rehabilitation within the justice system.
“The NHRC’s position is to use this opportunity to re-emphasize the right to peaceful protest during the End Bad Governance Protests and the need for a balanced approach to justice, ensuring that the legal rights of minors are protected and that any legal proceedings reflect the principles of fairness and child protection as outlined in Nigeria’s legal frameworks,” the statement concluded.
