The Minors’ Tale Of Woes And Torments

 By Dan Onwukwe 

It was a horrifying three-month tale of the bizarre and torment in a custody reserved for criminals. It was like nothing they had experienced in their lifetime, sometimes without food for three days and no sunlight.

And when food was given, it would not go round. With tears rolling down their cheeks as they narrated their travail, those who had stamina to speak up said their harrowing experience also came with being and beaten with sticks until several parts of their body bled.No wonder they looked gaunt and anaemic, their faces very much as if they were carved out from stones. You may mistake them as children from war-torn Sudan. No! They are minors from Nigeria who were picked up randomly from Kano and Kaduna states by security operatives during last August nationwide #EndBadGovernance protests against economic hardship in the country.

By their own account, the minors said, initially, they were unaware where they were being taken to until they found themselves hauled into different, dark cells in Abuja. Every passing day brought fresh distress. Perhaps the breaking point  was when the office of the Inspector General of Police read out the offences preferred against them. They  were 10 count charges, some of them bordering on treason, intent to destabilise the country, and inciting to mutiny by calling on the military to overthrow the administration of President Bola Tinubu. There was also accusation of flying the Russian flag, among others. 

Though the government has strongly denied the claims made by the minors, it maintained that the charges were thoroughly investigated and proved to be a serious threat to national security. But, the minors denied the charges when they were arraigned at the Federal High Court, Abuja Division, presided over by Justice Obiora Egwuatu. At least four of the minors reportedly collapsed in court during the proceedings. However, reprieve came last week when President Tinubu ordered their release after their arraignment sparked outrage across the country, and beyond, with civil society groups and human rights activists blaming the police and the government of maltreatment of the accused.  

According to Vice President Kashim Shettima, the president’s decision was based on “humanitarian grounds”, and that all the accused were advised to “go home and sin no more”. He claimed that the President is a  “compassionate leader who cares for all Nigerians and is leaving no stone unturned in his effort to improve the nation’s economy”. Really? Nigerians are yet to see any improvement in their lives since the administration came in 18 months ago. Rather, things have gone from bad to worse. And no “hope renewed”. Instead, pessimism has supplanted hope. The minors’ tale of woes  is an extension of the government’s steady missteps in governance.     

Many of the minors have since been reunited with their families after spending some days in hospitals in Kano and Kaduna, courtesy of the state governments, their ordeal in custody remains a national shame . Some of the minors who spoke with The Punch newspaper said, “we saw hell, we suffered a lot. 

We were kept in the same place with hardened criminals. We sometimes stayed without food, and often served ‘Gabza’ for dinner”. Gabza is a meal in Hausa that is prepared for inmates due to their large number.  Many of suspects have denied any involvement in the #EndBadGovernance protests. A 13- year old minor who was accused of flying the Russian flag denied the accusation, saying he was never anywhere near the protest scene that fateful day of August.

Though President Tinubu has closed the chapter by his directive that led to all the young folks released, many questions have been thrown up. For instance, is it right to try minors for waving national flags of other countries? In this present case, was there a consummation of that intent, if at all? Who is a minor in the first place? Did what they were accused of meet the definition of treason? Last week, the Attorney General of the Federation(AGF)and Minister for Justice, Lateef Fagbemi(SAN), tried to lecture us that the 10-count charge against the minors were valid. He argued if the federal government had insisted on going ahead with the trial, “no law in the country forbids that trial”.  His words, “no law in the country says a minor cannot be tried”.

Opinions are divided on that. By the way, who is a minor? In legal terms, a minor is someone who has not yet reached the age of majority. This distinction, according to experts, is used to define rights, privileges, and responsibilities. The Justice Minister also claimed that the facts in possession of the security agencies against the minors were overwhelming”, adding “you will marvel if you see the facts”. Isn’t that assertion laughable? 

Not in this country, not under this government, no matter how innocent the accused may be. Democracy suffers who should promote the law turn around  to trivialise treason. As defined in section 400 of the Penal Code, which applies to the Northern states of the country, treason is defined as “levying war against the state, with the intent of “over-awing the President”. It’s punishable with death.

Therefore, it is not unkind to say that only someone with half a brain will charge a person with treason for merely waving a foreign flag in Nigeria. There must be something openly clear, unassailable,  something so serious and capable of igniting such intention. In the absence of that, the case against the minors amounts to criminalising their rights to freedom of speech and expression, guaranteed in our constitution. 

Contrary to the AGF’s statement, Nigeria’s Criminal Code Act(CRA) states that children under 18 years cannot be tried in a conventional court of law. They must be tried in the child justice system. The CRA also provides guidelines for the charges, prosecution and incarceration of minors, though children over 12 years are deemed to be fully responsible for their actions if the prosecuting authority can prove the case beyond all reasonable doubts.

In addition, the CRA guarantees a child’s right to privacy at all stages of he must be put on trial. According to the law, a child may only be detained as a last resort and for the shortest period possible. Juvenile institutions, including juvenile courts must be treatment -oriented, rather than punishment -oriented. That’s the position of the law. I am not a lawyer,  but that’s the meat of the coconut in the treason charges against the minors. 

Beyond that, Nigeria has also adopted the African Charter on the Rights and Welfare of the Child(ACRWC) and the Convention of the Rights of the Child(CRC). Taken together, I am inclined to believe that the  recent case against those minors, is a ploy to intimidate, and send a strong warning to  Nigerians, including children, against any plans to engage in future protests. But only good governance can stop legitimate agitations. What message does all these government threats tell us? Make no mistake about it: Nigeria is in a slippery slope to dictatorship.

*Onwukwe is a commentator on public issues