The Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, has defended the treason charges brought against minors who were arrested during the #EndBadGovernance protests earlier this year, asserting that there is no law in Nigeria prohibiting the prosecution of minors. His comments come after public outcry and debate over the legality of prosecuting young participants in the protest.
Speaking at the commissioning of a new office in Abuja on Thursday, November 7, Fagbemi emphasized that under Nigerian law, there is no restriction preventing minors from being tried for criminal offenses, including treason. “No law in this country says a minor cannot be tried,” he stated. “The study of the law and the constitution leaves you no other conclusion than that the Federal High Court has jurisdiction in matters bordering on treason and related issues.”
Fagbemi’s statement follows a legal case that sparked widespread concern across the country. A total of 119 individuals were arrested during the #EndBadGovernance protests that took place between August 1 and August 10, 2024, with many of the detainees being minors. The protesters were demanding an end to bad governance, but the government classified the demonstrations as unlawful, leading to arrests and charges.
While 32 minors were listed as defendants in one of the charges, another case also involved five minors. The specific charges included treason and related offenses, which are considered among the most serious crimes in the Nigerian legal system. The minors were detained by the Nigerian Police Force, which had initially filed the charges before the Federal High Court.
Despite the severity of the charges, Fagbemi argued that the decision to prosecute the minors was justified, pointing out that the law did not bar such legal actions. “I have also heard suggestions that they should go to a family court,” he said. “But the facts in the possession of the security agencies would marvel anyone, and yet the President took the decision to release them.”
However, Fagbemi also made it clear that the termination of the case against the minors was a decision made on compassionate grounds by President Bola Tinubu, not a result of any legal error. “The President was very compassionate; he is a father and a grandfather,” Fagbemi explained. “Despite the evidence in the case, he said, ‘I have children and grandchildren,’ and that motivated his passion to release them.”
The legal controversy surrounding the minors’ prosecution was brought to a head on November 5, when the Federal High Court in Abuja struck out the treason charges against the 119 protesters, including the minors. This move followed an intervention by the AGF, who acted under the directive of President Tinubu to withdraw the charges from the court.
Fagbemi acknowledged that while the charges against the minors were serious, the President’s intervention was crucial in ensuring their release. “The credit goes to him for showing compassionate consideration in releasing the young chaps,” Fagbemi said, underscoring that the President’s actions were guided by a desire to be merciful and show understanding of the youths’ plight.
