The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has clarified that prosecuting minors involved in criminal activities is not unconstitutional, contrary to some claims.
Fagbemi explained that, under the Nigerian Constitution, it is not improper to try minors in a Federal High Court for offenses they have committed, particularly in relation to the charges filed against the #EndBadGovernance protesters.
He made these remarks late Thursday in Abuja during the inauguration of Law Corridor’s new office complex and the launch of a book discussing the modern Nigerian legal system.
This statement follows the nationwide #EndBadGovernance protests, which occurred from August 1 to 10, during which several protesters were arrested.
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In the aftermath, the Inspector-General of Police, Olukayode Egbetokun, had planned to arraign 119 protesters in two separate batches before Justice Obiora Egwuatu of the Federal High Court in Abuja on November 1.
The first batch included 76 protesters, and the second batch had 43. During the arraignment of the first group, four defendants collapsed, sparking public outrage, particularly because minors were among those charged and appeared to be in poor health.
Addressing the criticism that followed their arraignment, the AGF said, “Let me seize this opportunity to clarify something. There is a misconception that, because these are children and minors (the arraigned #EndBadGovernance protesters), various theories have surfaced. No law in this country says a minor cannot be tried, and I have also heard suggestions that they should go to a family court.
“The study of the law and the Constitution leaves you no other conclusion than that the Federal High Court has jurisdiction in matters bordering on treason and related issues, so whatever the situation, the President has closed the chapter by his decision to have these young men released.”
The Attorney General of the Federation also acknowledged the seriousness of the offences based on the facts of the case. However, President Bola Tinubu, in his role as a father and grandfather, decided to grant them a pardon and drop the charges.
“The President was very compassionate; he is a father and a grandfather. If you look at the facts in the possession of the security agency, you would marvel, but the President said, despite all this, ‘I have children, grandchildren,’ and that motivated his passion to release them and also enable them in some ways. So, the credit goes to him for showing compassionate consideration in releasing the young chaps.”
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