Docking Children for Treason; A nation with dying conscience, by Mohmood Tunde Hassan, PhD
There is palpable outrage and condemnation currently in Nigeria and around the world arising from the pitiable pictures of drained, emaciated, hungry and traumatized children barely able to drag their feet in an Abuja Federal High courtroom after being arraigned and charged for treason.
The dehumanizing scenario was to say the least, outrageous and a sickening reflection of a nation with a dying conscience; a nation gradually losing its soul and humanity. Those minors and juveniles, 76 of them, are aged between 14 and 17. What were they doing in the dock, charged for treason?
Treason, for crying out loud!
Who allowed such travesty? What goal was such a morbid decision meant to serve? You take children to court and charge them on 10 counts including treason, terrorism and attempt to over throw government? To prove what really? Show of State power?
Can’t the State take on people its size? Bandits ravaging the country. Known terrorist groups laying siege on vast parts of the country. Those in high offices, elected and appointed pillaging the country. Those entrusted with power, making the nation dysfunctional. What could be more treasonable than that? Is the State not flexing muscles with weak, vulnerable soft targets?
That’s really who these kids are!
READ ALSO: Kuje prison rejects minors of #EndBadGovernance protest
The Police claimed the fainting of dome arraigned was staged. Ok. Were frail ematiated physical appearance of the youngsters stage managed too?
Granted those juveniles were caught allegedly in civil and legitimate act of protest that turned violent with vandalism, theft, and assault. Granted also that these acts caused disturbance and breach of public order. However, charging them with treason and attempt to over throw government, was clearly an over kill to slam on them and for the State to have debased and dehumanized them for 93 days in Kuje prison to the point of 4 of them fainting right in the courtroom before the Judge and the world in a show of shame and disgrace of monumental proportion.
The law is clear. Age of maturity in Nigeria is 18 and young offenders aged 16 to 22 can be tried either as juvenile or as adults under the adolescent criminal law, while children under the age of 12 can not be prosecuted. If a child commits a minor offence, for instance, theft or vandalism, the police will talk to the parents.
It must also be stated categorically that the Child Rights Act does not allow any child to be subject to criminal proceedings let alone, sentenced to death which is the fate that awaits them should the case continue and the Judge pronounces the maximum penalty.
That is what the laws says. So where and how did treason charge come in?
READ ALSO: Judge flees as malnourished minors detained over #EndBadGovernance protest collapse in court (Video)
Without defending the unacceptable alleged conduct of some of those involved in the end bad government protest that went wrong, the pictures of children in the dock, was a shameful sight of high handedness taken too far and suggest there is something awfully wrong and absurd with our sense of justice, especially in the context of balancing the law with justice given the not all laws are just.
We can be quick to chastise the minors for their misconduct. We can also be quick to insinuate and play politics with the whole incident on the base of existing destructive dichotomy among regions as is already emerging.
However, that only amounts to grandstanding without admitting the collective failure that has created a large army of idle, irate, uneducated and unemployable young people left with no direction into the future.
The scenario again re-echoes and calls to question the nation’s justice system, one of the worst expressions of which, is a morbid correctional or custodian service that is no better than an unjust disease-infested dungeon that tends to debase and turn persons in its custody into criminals. Inmates go in and come out worse off and become bigger liabilities to the society.
This nation must come to terms with its glaring reality that it is neglecting its younger population and that, it is doing so at its own peril.
READ ALSO: CISLAC condemns detention of minors in #EndBadGovernance protests, demands immediate release
For the North in particular, the incident is a wake up call to get its acts together as there are increasing indications that the current state of dysfunctional and inept leadership is creating a large band of casualties among the youth bracket, a situation that manifestly portends a clear and present danger.
In the case in referey, first thing to do is to reverse bail bond and grant those in custody bail unconditionally, and if they must be prosecuted, follow the law; take them to a juvenile court or family court as provided for by the law. This is not a question of leniency or mercy. It is fairness and justice which these youngsters have a right to.
It is not prejudicial to join loud voices of reason and conscience sounding across the country, vehemently asking for a halt to the trial. It’s bad enough to have held the children in draconian captivity for 93 days. It will be utterly unjust, unfair, a grave injustice and a further travesty to continue on that path. We are encouraged by media reports that Attorney General of the Federation is disposed to discontinuing the case. We also encouraged Senior advocates of Nigeria have that it is within the powers of the AGF to so do.This is would the right thing to do
Foundamentally, this nation must find a way to stop brigandage and high handedness as a misplaced State rage that serves no good.
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