Falana Slams FG Over Prosecution Of #EndBadGovernance Protesters

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Human rights lawyer and activist, Mr. Femi Falana (SAN), has strongly criticized the Tinubu-led government for persecuting Nigerians who took part in the recent #EndBadGovernance protests.

Mr. Falana described the move as a “disgrace to Nigeria” and condemned the act against citizens exercising their constitutional rights.

In a statement released yesterday, Mr. Falana maintained that Nigerians’ right to protest is firmly protected by Articles 39 and 40 of the Constitution and Articles 9 and 10 of the 2004 African Charter on Human Rights (Ratification and Enforcement).

Mr. Falana also criticized President Bola Tinubu for allowing law enforcement agencies to charge protesters, including minors, with treason.

In a statement, he said, “While several protesters have been charged in some state capitals, the Nigerian Police have decided to charge 130 protesters, including 29 minors, at the Legal Division of the Federal High Court in Abuja.

” They were charged with 10 offences including treason, inciting rebellion by encouraging the military to topple President Bola Tinubu and other related charges.

“Despite Section 2(4) of the 2022 Anti-Terrorism Act stating that protests, demonstrations or work stoppages are not acts of terrorism, the police applied for and received a 60-day detention injunction to prosecute the suspects for their alleged involvement in terrorism.

“Police obtained an order to detain the suspects for 60 days, but they were held for 92 days before being arraigned in federal court. The suspects included 29 children who became malnourished and dehydrated during the arraignment. Four minor defendants collapsed and were taken to hospital due to hunger and fatigue in the packed courtroom.”

On the wrongful prosecution of minors in court, Falana said: “Nigeria ratified the UN Convention on the Rights of the Child in 2001 and passed the Child Rights Act in 2003. We have seen that all 36 states have adopted and signed the Act.” According to the Child Rights Act applicable in each state, juvenile offenders below the age of 18 cannot be tried in federal or state courts but in family courts.

“The Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN State), was reported as saying that the minors were duly prosecuted in the Federal Courts because the Constitution is clear that the Federal Courts have jurisdiction over treason and related offences. With all due respect, the Federal Courts do not have exclusive jurisdiction to prosecute high treason and related offences.”

Even if there was reasonable suspicion that the minors had committed treason, they should have been charged in the Family Court under Section 149 of the Child Rights Act. However, contrary to the Child Rights Act in the Capital Territory, the minors were charged with treason in the Federal Court after being detained with hardened suspects at the Robbery Detention Centre in Abuja. Though they claim innocence, the charges against the minors are illegal in all material respects.

“It is clear that the Federal Government wanted to use the case of the 130 protesters to thwart Nigerians’ protest against the harsh living conditions.

This plan has now backfired, so the Federal Government should understand that charging the protesters with terrorism, treason, high treason and related offences will not intimidate Nigerians. “Instead of bringing inevitable embarrassment to the country by charging protesters with crimes punishable by death, the police should be ordered to uphold the law by providing adequate security to protesters. This is the only way to ensure that protests are peaceful and civilised within the bounds of the law.”

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