Calls Grow For Rehabilitation And Apology For Freed Minors Detained During #EndBadGovernance Protest

Calls Grow For Rehabilitation And Apology For Freed Minors Detained During #EndBadGovernance Protest

Legal experts are urging President Bola Tinubu to take additional steps to ensure the rehabilitation and compensation of minors who were detained in connection with the #EndBadGovernance protests, highlighting violations of child rights laws.These calls come after President Tinubu’s directive for the release of the minors, who had been arraigned before the Federal High Court in Abuja…CONTINUE READING…

The minors, some of whom appeared to be malnourished, were initially arrested following the protests. The release followed public outrage over their detention, and the Attorney-General of the Federation filed a motion to dismiss the case.

Upon their release, Vice President Kashim Shettima advised the minors to rebuild their futures responsibly. However, legal practitioners, including Senior Advocate of Nigeria (SAN) Wahab Shittu, are now calling for further action. Shittu emphasized the need for a comprehensive welfare program to address the immediate concerns of the freed minors, which should include rehabilitation and compensation.

Shittu stated, “While the president’s decision to release them is commendable, the next step should be rehabilitation, re-orientation, and compensation. A welfare scheme should be implemented to meet their immediate needs and demonstrate the president’s responsiveness to the people’s concerns.”

Joseph Otteh, the Convener of Access to Justice, also criticized the minors’ arrest, calling it reckless and unjust. He stated, “The minors’ detention was unwarranted and their charges, including terrorism and treason, were baseless. These young people were wrongfully arrested simply for exercising their constitutional rights.”

Otteh pointed out that the Nigerian Constitution mandates an apology and compensation for individuals who have been unjustly detained. He stressed that the charges against the minors were fabricated and malicious, and that compensation is therefore justified.

Regarding the legality of the minors’ detention, Otteh noted that the Child Rights Act requires the immediate consideration of the release of minors upon arrest, and that the court should only order detention if the minor has committed violent offenses or other serious crimes. He argued that the court failed to uphold this legal protection by allowing prolonged detention beyond the statutory limits outlined in the Administration of Criminal Justice Act (ACJA).

Another Senior Advocate, Kunle Adegoke, raised concerns about the age of the arrested minors, suggesting that if they were under 17, they should not be tried as adults due to the presumption that they lack criminal intent. He emphasized that minors should undergo rehabilitation rather than be subjected to adult criminal procedures.

Professor Sam Erugo also criticized the police for misrepresenting the facts of the case and stressed that, under the Child Rights Act, children should not be treated as adults in the justice system. He emphasized that children accused of crimes should be handled by family courts, not public courts, to safeguard their welfare and protect their rights.

Senior Advocate of Nigeria, Prof. Damilola Olawuyi, decried the detention of the minors as a violation of international law, specifically the Convention on the Rights of the Child, which Nigeria is a signatory to. He emphasized that the best interests of the child must be the primary consideration in all legal decisions involving minors.

Lastly, Wolemi Esan, another Senior Advocate, pointed out that Nigeria’s laws, including the Children and Young Persons Act and the Child Rights Act, provide specific procedures for dealing with juvenile offenders. These laws mandate that children be treated with care and provided with necessary support, including educational and psychological assistance, rather than being subjected to harsh detention.

Esan questioned whether these legal protections were followed in the case of the detained minors and called for a full investigation into their treatment, to ensure accountability for those responsible for their wrongful detention.