Lawyers Call for Rehabilitation and Compensation for Minors Freed in the #EndBadGovernance Protests
Legal experts have urged President Bola Tinubu to take further action after the release of minors arrested during the #EndBadGovernance protests, advocating for their rehabilitation and compensation in light of violations of child rights laws.
Following a public outcry over the detention of minors in connection with the protests, President Tinubu directed their release, which was subsequently carried out by the Federal High Court in Abuja. The minors, who had been charged with terrorism and treason, were reported to have been poorly treated and appeared malnourished during their arraignment. Justice Obiora Egwatu dismissed the charges against them, accepting a motion filed by the Attorney-General of the Federation.
While their release was welcomed, legal professionals are now calling for more comprehensive measures to support the freed minors. Senior Advocate Wahab Shittu emphasized that the President’s action should go beyond the release and include steps to rehabilitate, re-orient, and compensate the minors through welfare programs addressing their immediate needs.
“The President’s decision to order their release was a positive first step,” Shittu said. “However, rehabilitation and compensation should follow, signaling his commitment to addressing the people’s concerns and restoring justice.”
Joseph Otteh, Convener of Access to Justice, criticized the initial arrests and charges as unjust and excessive, describing them as baseless allegations that were a clear violation of constitutional rights. “The accusations of terrorism and treason were unfounded,” Otteh argued, stressing the legal obligation of authorities to apologize and compensate the minors for their wrongful treatment.
According to Otteh, the constitutional protections for minors were ignored during the arrest and detention process. He cited the Child Rights Act, which mandates that minors should be promptly considered for release upon arrest, and argued that the court should not have ordered their detention under these circumstances.
Senior Advocate Kunle Adegoke also raised concerns over the treatment of the minors, suggesting that if they were under 17, they should be regarded as minors and exempt from criminal prosecution. He pointed out that minors, especially those under the age of criminal responsibility, should be treated in accordance with juvenile justice protocols rather than being tried in adult courts.
Professor Sam Erugo expressed disappointment over the handling of the case, particularly the police’s disregard for proper legal procedures. He reminded that under the Child Rights Act, minors accused of crimes should be tried in family courts and never exposed to adult correctional facilities. Erugo emphasized that detaining children in such facilities violates both Nigerian law and international human rights standards.
Senior Advocate Prof. Damilola Olawuyi also criticized the treatment of the minors, pointing out that the detention of children in harsh conditions violated international agreements like the Convention on the Rights of the Child, which requires the best interests of children to be prioritized in legal proceedings.
“The failure to provide these minors with proper legal protection and a fair trial is a glaring violation of their rights,” Olawuyi said. “The authorities must ensure that such injustices are thoroughly investigated, and those responsible for these actions should face appropriate consequences.”
Further emphasizing the need for reform, Senior Advocate Wolemi Esan highlighted the specific procedures outlined in Nigeria’s Children and Young Persons Law and the Child Rights Act for handling juvenile offenders. These laws provide safeguards to ensure that minors are treated with dignity, receive appropriate care, and are given fair trials. Esan stressed that minors should only be detained as a last resort and should not be exposed to conditions that could further harm their development.
Esan also pointed out that the law requires courts to verify the age of minors before proceeding with cases, to ensure that the appropriate legal procedures are followed, and that minors are not unjustly subjected to criminal trials intended for adults.
As legal experts call for justice for the minors affected by the #EndBadGovernance protests, they stress that the government must ensure proper rehabilitation, compensation, and legal safeguards are in place to protect the rights of children and prevent future violations.
