Charging Minors for Treason Is Obscene Says J.B. Daudu (SAN)

The only thing obscene about the Federal High Court proceedings in Abuja yesterday is the nature of the charge, which is allegedly treason. Minors and that is if they are less than 16 years are usually treated as adults when they are found committing crimes. So had they been charged for the right offences in the territory of the States where they allegedly misconducted themselves, I would have had no problems.

For me the highest offences that they could have been charged for are ‘conduct likely to cause a breach of the peace’ ‘unlawful assembly’ ‘willful destruction of public property’, and ‘theft’ otherwise known in the South of Nigeria as ‘Stealing’ and other offences of like nature I.e., ‘Affray’, which are not only State Offences but bailable offences.

Thus, the Attorney General of the Federation has no locus to charge any of the young men we saw in the dock for any offence committed during the #end bad governance riots within the territory of their respective States.

It is a complete caricature of the Federalism that we claim to operate in Nigeria, where State Governments abdicate their responsibilities to the Federal Government and turn a blind eye to the pillaging of the rights of their citizens. For the avoidance of doubt, there was nothing treasonable in the conduct of these children or young men as discernible from the charge. If our systems were working they could easily have been charged for the offences mentioned above in Juvenile or Magistrate Courts, within the territory of the States where it is alleged they committed those riot-induced offences.

One point that is clear here, which appears to have been glossed over by a lot of us is that the defendants be they children or adults have already spent over 3 months in very dehumanizing detention conditions.

This is very inhumane and a breach of their fundamental rights. It is my view that even if they committed the offences they are being accused of, (certainly not Treason) the maximum sentences that could have been handed down should have been reasonable fines and in serious cases, imprisonment not exceeding 3 months in the proximate correctional facility or borstal institution.

Federal Government intervention typified by this unwarranted movement to Abuja was totally unnecessary and a failure of our systems. We rightly ought to feel a collective sense of guilt and shame.

I call on FGN to discontinue these charges and release all those charged for these State offences, with adequate rehabilitative compensation paid to them.

One last point is to interrogate the sense of responsibility of those who had custody of these young men since they were arrested and incarcerated three months ago. What happened to the monies voted for caring for them whilst in custody? Did any of them die in custody? These to me are the points to interrogate. If FGN or the President is serving Nigerians, there ought to be a multi-departmental inquiry into this matter.

The whole saga seriously questions our ability to govern ourselves as an independent nation. Thus, it is not always about aspiring to be named to the Security Council of the United Nations, it is about whether we are a civilized nation worthy of standing shoulder to shoulder with other responsible nations whose systems work. It is also not about throwing palliatives and food rations at us as solutions to clear existential problems of insecurity. There is much work to do ahead. It is time to re-engineer Nigeria.