ARRAIGNMENT OF MINORS: TIME FOR THE AGF TO ENTER NOLLE PROSEQUI
By Chukwuemerie Uduchukwu
On Friday, November 1, 2024, the Nigerian social media space was agog following the arraignment of minors on charges related to their participation in the ‘EndBadGovernance Protests’ and terrorism. The pictures and videos that circulated were very worrisome, and I do not want to believe that the current administration of Bola Ahmed Tinubu, with the well-respected legal luminary Prince Lateef Fagbemi, SAN, as the Attorney General of the Federation (AGF), would allow such a situation to escalate. The sight of minors being dragged into the legal system for their involvement in protests raises serious ethical and legal questions about the treatment of young individuals in the justice system.
The ‘EndBadGovernance Protests’ were a significant moment in Nigeria’s recent history, reflecting the frustrations of many citizens, particularly the youth, regarding governance and accountability. To see minors being charged with terrorism for participating in these protests is not only alarming but also indicative of a broader issue concerning the rights of children and the responsibilities of the state.
The principle of nolle prosequi, as provided in Section 211 (1) (c) of the 1999 Constitution of the Federal Republic of Nigeria, allows the AGF to discontinue a prosecution and should be considered in this context. It is crucial for the AGF to exercise discretion and compassion, especially when it comes to minors who may not fully understand the implications of their actions. Regardless of the implications of the actions those children may have participated in, the state should focus on identifying their sponsors for prosecution instead of punishing the ‘innocent’ minors. The legal system should prioritize rehabilitation over punishment for young individuals, recognizing their potential for growth and change.
Furthermore, the international community has established various conventions and treaties aimed at protecting the rights of children, including the United Nations Convention on the Rights of the Child (UNCRC). Nigeria, as a signatory to this convention, has an obligation to uphold these standards and ensure that minors are treated with dignity and respect within the legal framework.
The current administration has an opportunity to demonstrate its commitment to justice and human rights by intervening in this matter. Even though the AGF has reportedly directed the transfer of the children’s case files to his office, which is in line with his powers to take over any criminal proceedings as provided in section 211 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, he should consider entering a nolle prosequi in these cases, thereby sending a strong message that the government values the rights of children and is willing to foster an environment where young people can express their opinions without fear of retribution.
It is time for the government to prioritize the welfare of its youth and to ensure that the legal system serves as a tool for justice and not a means of oppression. The future of Nigeria depends on the choices made today, particularly regarding the treatment of its youngest citizens.
Chukwuemerie Uduchukwu writes from Abuja, Nigeria.
