Femi Falana Urges Court To Dismiss Treason Charges Against #EndBadGovernance Protesters, Including Minors
Human rights lawyer Femi Falana, SAN, has called on a federal high court in Abuja to drop treason charges and related offences against 76 #EndBadGovernance protesters, including minors. The defendants were arrested across multiple states, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano. During Friday’s proceedings, several minors fainted while waiting for arraignment, creating a chaotic scene in the courtroom.
The court has set bail at N10 million per defendant, and the prosecution requested that 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 cited 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, which protects minors from criminal trials.
“No child should be subjected to criminal proceedings,” Falana argued, stating that “if a minor is alleged to have committed an offence, they should be handled within the child justice system.” He further emphasized that minors are entitled to government-provided education under both national and international law.
Falana also contended that certain charges against the protesters lack legal grounds, noting that actions such as holding placards with slogans like “end bad government” or singing revolutionary songs do not constitute a crime under Nigerian law, specifically Sections 416 and 114 of the Penal Code. He stated that these charges are unfounded based on Sections 1, 3, 6, 36, and 44 of the 1999 Constitution.
Additionally, Falana’s motion requests that the government cover the educational costs of the minors through senior secondary or university levels, in compliance with the 1999 Constitution, the Child’s Rights Act, and the Universal Basic Education Act.
The detention of these minors has drawn extensive criticism from various groups. Amnesty International denounced it as a violation of legal rights, asserting it reflects governmental disregard for the law. Additionally, notable figures, including former Vice-President Atiku Abubakar, former Anambra governor Peter Obi, and former senator Shehu Sani, have condemned the minors’ prosecution.
