Femi Falana Urges Court to Drop Charges Against #EndBadGovernance Protesters, Citing Legal Protections for Minors

Human rights lawyer, Femi Falana, SAN, has urged a federal high court in Abuja to dismiss charges against 76 protesters, including minors, involved in the #EndBadGovernance movement. These protesters face charges of treason and other related offenses.

During Friday’s proceedings, several minors among the defendants collapsed while waiting to be arraigned, leading to a chaotic scene in the courtroom. These individuals were arrested across various states, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano.

The court set bail at N10 million for each defendant, while the prosecution requested that the charges be dismissed for those who collapsed. Falana, representing the defendants, filed a preliminary objection, arguing that the court lacks jurisdiction over the case.

He emphasized that, according to Section 18 (3) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter, minors should not be subjected to criminal trials.

Falana stated that both national and international laws protect the rights of these minors, calling on the government to fulfill its duty to provide for their education instead.

He argued, “No child should be subjected to criminal proceedings. If a minor is alleged to have committed an offense, they should be handled within the child justice system.”

He further contended that certain charges against the protesters did not meet the requirements for an offense under Nigerian law. Falana noted that actions such as carrying placards that read “end bad government” or chanting revolutionary songs do not amount to a crime under Sections 416 and 114 of the Penal Code.

He asserted that these charges are baseless under Sections 1, 3, 6, 36, and 44 of the 1999 Constitution.

Falana’s application also included a request for the federal government to pay the school fees of the minors through senior secondary or university education, in line with legal provisions such as the 1999 Constitution, the Child’s Rights Act, and the Universal Basic Education Act.

The arraignment of these minors has drawn widespread criticism from various groups, both within and outside Nigeria. Amnesty International condemned their detention, calling it a violation of legal rights and an indication of governmental disregard for the law.

Additionally, prominent figures like former Vice-President Atiku Abubakar, former Anambra governor Peter Obi, and ex-senator Shehu Sani have voiced their disapproval of the minors’ prosecution.