Beyond The Condemnation Of Trial Of Minors For Treason – Femi Falana, SAN

Mazi Afam Osigwe SAN,
The President,
Nigerian Bar Association,
National Secretariat (NBA House),
Plot 1101, Mohammadu Buhari Way,
Abuja, FCT.

Dear Mazi Osigwe SAN,

Beyond The Condemnation Of Trial Of Minors For Treason

I commend the Nigerian Bar Association, under your able leadership, for condemning the arraignment of malnourished children for treason and allied offences at the Abuja Judicial Division of the Federal High Court on the 1st day of November, 2024.

READ ALSO: Brekete Radio Goes Offline In Protest Of Children Being Held

The arraignment of three groups of 130 #endbadgovernance protesters by the Nigeria Police Force constitutes a gross abuse of prosecutorial powers. It is hoped that the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi SAN, who has since taken over the cases, will terminate them without any further delay.

Having fought and won the legal battle that culminated in the judicial recognition of the fundamental rights of Nigerian citizens to protest against unpopular policies of governments, we have decided to lead the legal defence of the 130 #endbadgovernance protesters. Even though we are convinced that the frivolous charges will be withdrawn by the Federal Government or dismissed by the trial court, it is pertinent to review the massive infringement of the fundamental rights of citizens for protesting against the implementation of the neoliberal economic policies of the Bola Tinubu administration.

However, it is common knowledge that the fundamental rights of children and other citizens to dignity, liberty and fair hearing are regularly violated by security agencies in all the states of the federation and the Federal Capital Territory. To that extent, the Nigerian Bar Association should go beyond the condemnation of the arraignment of the #EndBadGovernance protesters including malnourished children. 

It is high time that the Nigerian Bar Association took advantage of the provisions of the Constitution, the Administration of Criminal Justice Act and relevant international human rights instruments to put an end to the reckless violations of the fundamental rights of poor and vulnerable citizens in the country.

As you are no doubt aware, section 34 of the Administration of Criminal Justice Act, 2015 and section 70 of the Police Establishment Act, 2020 have imposed a duty on every Chief Magistrate to visit all police stations in their jurisdiction at least once a month.

During the visit, the Chief Magistrate is empowered to grant bail to detainees or order that they be arraigned in a competent court. Any officer found to have violated the rights of suspects and other detainees shall be reported to the appropriate authorities for necessary disciplinary action. In the same vein, High Court Judges are empowered to conduct visits to all other detention facilities in their jurisdiction with a view to protecting the rights of detainees therein.

But due to the failure of Chief Magistrates and Judges to perform the duty of visiting police stations and other detention facilities in the country, the illegal arrest, detention and extortion of poor and vulnerable citizens have been on the ascendancy throughout the country. We are therefore compelled to urge you to prevail on the members of the Human Rights Committees of the 128 branches of the Nigerian Bar Association to accompany Chief Magistrates and Judges to visit police stations and other detention facilities in the country.

In addition, the Nigerian Bar Association should, as a matter of urgency, prevail on the Police Service Commission to employ and assign a legal practitioner to monitor the observance of human rights in each of the 5,000 police stations in Nigeria in accordance with section 66 of the Police Establishment Act, 2020.

Furthermore, by virtue of section 21 of the Correctional Services Act of 2019, official visitors of custodial centres in Nigeria include the Heads of Courts and the President and other executive members of the Nigerian Bar Association. The official visitors are required to visit and inspect the wards, cells, yards and other apartments or divisions of the Custodial Centre; receive the complaint, if any, of the inmates; and call the attention of the Superintendent to any irregularity in the administration of the Custodial Centre or structural defects which may require urgent attention.

Since the law was enacted in 2019, the President and other members of the National Executive Committee of the Nigerian Bar Association have never visited any correctional centre in the country. Therefore, you are requested to mobilize the members of the National Executive Committee of the Nigerian Bar Association and other prison visitors to protect the rights of convicts and other inmates in all correctional centres in Nigeria in accordance with the Correctional Services Act.

In view of the foregoing, the Nigerian Bar Association under your leadership should make a difference by ensuring that the statutory duties of Judges, Chief Magistrates and lawyers are carried out in line with the provisions of the Administration of Criminal Justice Act, Police Establishment Act and Nigerian Correctional Services Act.

While awaiting your response to our requests contained in this letter, please accept the assurances of our highest esteem.

Yours sincerely,

FEMI FALANA, SAN