Lawyers Call for Rehabilitation and Compensation for Minors Released in #EndBadGovernance Protests

Legal practitioners have urged President Bola Tinubu to ensure proper rehabilitation and compensation for the minors detained in connection with the #EndBadGovernance protests, citing violations of child rights protections under Nigerian and international law.

The call follows the President's directive for the release of the minors, who had been arraigned before the Federal High Court in Abuja for their involvement in the protests. The move came in response to public outcry over the minors' detention, with reports highlighting their mistreatment, including signs of malnourishment.

The case against the minors was dismissed by Justice Obiora Egwatu of the Federal High Court in Abuja, following an application by the Attorney-General of the Federation. Upon their release, Vice President Kashim Shettima encouraged the minors to build positive future  for themselves.

However, legal experts contend that the matter is far from being settled and are calling for additional steps. Senior Advocate of Nigeria (SAN) Wahab Shittu emphasized the need for comprehensive rehabilitation and compensation for the affected minors, noting that the President should take further action to address the harm done.

Joseph Otteh, convener of Access to Justice, strongly criticized the initial arrest and detention of the minors, calling it "reckless and unjust." He also decried the "trumped-up charges" of terrorism and treason that were levied against the minors.

Otteh further pointed out that the legal framework protecting minors had been violated throughout the process. He referenced the Child Rights Act, which mandates that minors be considered for immediate release by the police and the court. According to Otteh, the minors should never have been detained in the first place, as their actions were protected under their right to free expression.

"The court had a duty to ensure that minors were not detained unless charged with violent offenses," Otteh added. "Instead, the court allowed the detention of these minors for an extended period, in direct violation of the Administration of Criminal Justice Act (ACJA), which limits the initial remand period to 14 days."

Senior Advocate Kunle Adegoke also weighed in on the case, noting that if the detained protesters were under 17 years of age, they should have been treated as minors. "Minors cannot be held criminally responsible in the same way as adults," Adegoke explained. "Children, particularly those under the age of 18, are presumed not to have the requisite criminal intent to commit offenses, and their cases should be handled by specialized courts designed for juveniles."

Wolemi Esan, a Senior Advocate, further highlighted the discrepancies between the treatment of the minors and the requirements of both the Child Rights Act and the Children and Young Persons Law. Esan pointed out that the law clearly specifies the procedures for dealing with juvenile offenders, including limitations on the detention of children, and the need for appropriate care and protection.

"The law demands that children be treated with dignity and that their cases be heard in juvenile courts with proper safeguards," Esan said. "These minors should not have been detained in the first place, and the authorities must ensure that such violations do not occur again."

Professor Sam Erugo also condemned the actions of the police, highlighting their continued misrepresentation of facts in cases involving children. Erugo pointed out that the Child Rights Act mandates a separate legal process for minors, including taking them to family courts and not subjecting them to public trials or detention in adult facilities.

"Minors should never be arraigned in regular courts, and they must not be detained in adult correctional centres," Erugo stressed. "The law requires that children accused of crimes be processed through family courts, which are specifically designed to protect their welfare."

Professor Damilola Olawuyi, another Senior Advocate of Nigeria, condemned the detention of children as a clear violation of international law. He referred to the United Nations Convention on the Rights of the Child, to which Nigeria is a signatory, noting that the best interests of the child must be the primary consideration in any legal proceedings involving minors.

"The treatment of these children is a disgrace and a violation of international standards," Olawuyi said. "The Child Rights Act in Nigeria also supports the need for rehabilitation over punitive measures, ensuring that minors who break the law are given the opportunity to reform.

The legal experts are calling for a thorough investigation into the actions of those responsible for the unlawful detention of the minors and for steps to be taken to ensure such violations are not repeated. The need for continuous human rights training for law enforcement agencies has also been emphasized to ensure alignment with both national and international human rights standards.

While the release of the minors is a positive development, legal practitioners are urging President Tinubu to go further by offering comprehensive rehabilitation and compensation to the minors to rectify the injustice they endured.