BY AMAYINDI YAKUBU
American economist and Nobel Memorial Prize recipient Milton Friedman once said, “The government solution to a problem is usually as bad as the problem.” Friedman’s statement aptly reflects the aftermath of the End Bad Governance protest that spread across the nation, driven by a fervent desire for freedom from hunger and poor governance.
What will the children who were unlawfully arrested and initially prosecuted by their government tell their own children during moonlit storytelling? Nothing but a dirge. The Jewel and Pride of Africa has a story to tell – one that future generations will mourn over at the sorrowful dawn of such a tale, rather than rejoice with hope. Indeed, what was the judiciary considering when it entertained such cases against innocent minors, who are but victims of a crumbling system?
Nigerians were thrown into confusion, staring in disbelief as thirty minors arrested during the End Bad Governance protests in August were charged with treason at the Federal High Court, Abuja, before Justice Obiora Egwuatu, following police reports that the children were seen with Russian flags.
The Child’s Right Act (Act No. 26 of 2003), adopted by the Nigerian Parliament on 16th July 2003, outlines the rights and opportunities available to a Nigerian child within society. Yet, Nigerian children still find themselves vulnerable in a system that is pledged to protect and provide for their welfare.
The National Human Rights Commission noted that “So far, 24 out of 36 states of Nigeria have adopted the CRA as a state law. There are, therefore, twelve (12) states in Nigeria that are yet to adopt the CRA into their laws among the 36 states of the federation.” The question now arises: why have the remaining twelve states not enacted it as state law? If other states have boldly embedded it in their legal systems, what holds these back?
Thankfully, the President intervened, instructing the Attorney-General of the Federation to ensure the urgent release of minors unlawfully detained by the Nigeria Police Force. The Minister of Information and National Orientation, Mohammed Idris conveyed this directive to reporters at an emergency press briefing at Aso Rock Villa, Abuja. He stated, “I had a short briefing with Mr President this evening, and he has directed the immediate release of all the minors that have been arrested by the Nigerian police without prejudice to whatever legal processes. They are all minors. The President has directed that all of them be released immediately.”
While the presidential intervention is welcome, steps to rehabilitate these children and prioritise their education must follow. The trauma and harsh conditions they were likely subjected to could leave lasting negative effects on their future and mental health if not properly addressed.
On this issue, Nigeria’s prominent human rights lawyer and activist, Femi Falana, speaking at the launch of Richard Akinnola’s book, Judicial Terrorism, at the Nigerian Army Resource Centre in Abuja, said, “Just this morning before this programme commenced, I was in court in Abuja, where 119 Nigerians, including twenty-nine minors, were brought to court. The government was so ashamed that it couldn’t take them to the courtroom, unlike last week. The government came to court this morning to withdraw the frivolous charges. So, the young people have been freed.”
Falana stressed that the government should bear the responsibility of rehabilitating these children, saying, “But as I told the court, it’s not enough to terminate this trial. These young people who should have been in school during the protests must be rehabilitated by the government. We will ensure they are rehabilitated and sent to school.
“If the government fails, we will sue the government. It is the government’s responsibility, according to the child rights law adopted and enacted by all states of the Federation. Section 15 of that law provides that every child in Nigeria shall receive free and compulsory education from primary to secondary school.”
Condemning the act, Amnesty International posted on its X (Twitter) handle: “The attempts to put the minors through a sham trial over alleged treason show the government’s utter disregard for the rule of law. The authorities must release them immediately and unconditionally,” read the statement.
Juwon Sanyaolu, National Coordinator of the ‘Take It Back Movement’, one of the organisations supporting the August End Bad Hunger and Governance protest, lamented, “The Federal Government is a disgrace, arraigning underage children for capital punishment for protesting after starving them for months. See how malnourished and unkempt they looked. This is an egregious crime against humanity.”
Spokesperson for the Northern Elders Forum (NEF), Abdulazeez Sulaiman, expressed sympathy, saying, “Their detention, particularly in a politically charged atmosphere, raises serious concerns about potential abuse and neglect, violating their fundamental human rights.”
The Socio-Economic Rights and Accountability Project (SERAP), Nigeria’s human rights group, alongside other civil society organisations, pressured the government to release the detained minors unconditionally or face legal action. The children’s release by the presidency demonstrates the power of social advocacy in Nigeria, emphasising the need for continuous efforts to secure the release of others held unlawfully in Nigerian prisons.
The United Nations Children’s Fund (UNICEF) reports that “One in three children are out of school (OOS) (10.2 million at primary school level and 8.1 million children at junior secondary level), and according to the Multiple Indicator Cluster Survey (MICS) 2021, three in four children aged 7-14 years cannot read with understanding or solve a simple mathematics problem.”
The nation’s educational statistics for future leaders are troubling. Quality education is a cornerstone of societal development, and preparing younger generations with the knowledge and responsibility to govern is essential for a country aspiring towards effective governance succession.
Recall that in August, ten days of protests swept across the nation in a call for freedom from hunger and poor governance. These protests led to the arrest of 76 individuals, including children aged 14 to 17, charged with treason and incitement of a coup against the government – a claim many found disturbing. The minors, detained in Gombe, Jos, Katsina, Kano, and Abuja, were held for three months.
This situation prompts several questions. What was the Federal Government’s rationale in initially pressing charges against minors? Does this imply a lack of empathy or humanity for those under its care? One can only imagine the inhumane conditions these children might have endured while detained.
Scenes circulating on social media showed malnourished children fainting in court, clearly starved. If indeed these children protested against hunger and poor governance, is further starving them the government’s answer?
The judiciary compounded the matter, rather than resolving it, when the presiding judge set bail conditions at 10 million Naira each for these children. How could the parents of these minors afford such a prohibitive sum? The courtroom, a presumed sanctuary of justice, instead became a setting for the oppression of vulnerable citizens.
The judiciary should serve as a refuge for Nigerians seeking redress, yet if it transforms into a zone of extortion, to whom can Nigerians turn? As the Psalmist in Psalm 121:1 reflects, “I will lift mine eyes unto the hills, from whence cometh my help.”
Abraham Lincoln, the 16th American President, defined democracy as “government of the people, by the people, for the people.” Yet, here we are in 21st-century Africa, where democratic institutions often fail to uphold these principles.
After decades of unbroken democracy, our governance and judicial systems remain at odds with democratic ideals, seemingly marred by colonialist legacies.
This event again casts Nigeria in a negative light before the international community, who witness the inhumane treatment of Nigerian citizens by their own government. While it is commendable that the President has called for an investigation into the officers involved in these children’s arrest and detention, many fear that this will be yet another futile exercise, as similar past inquiries have yielded no results.
