Court Strikes Out Treason Charge Against Minors After FG’s Withdrawal
A Federal High Court sitting in Abuja, on Tuesday, November 5, 2024, struck out the treason charge filed against some minors that participated in the nationwide August, 2024 protest against hunger and #BadGovernance.
The Court decision followed the withdrawal of the case by the Federal Government.
President Bola Ahmed Tinubu, had on Monday, directed the Attorney General of the Federation (AGF), to ensure the immediate release of the protesters.
The Court presided over by Justice Obiora Egwuatu struck out the charge after the application for the discontinuance was moved by Mohammed Abubakar, who is also the Director of Public Prosecution of the Federation (DPPF).
Abubakar moved his application in accordance with the provisions of Sections 174(1), (b) and (c) of the 1999 Constitution (as amended) and 108 of the Administration of Criminal Justice Act (ACJA), 2015.
He told the court that the AGF had officially taken over the case-file, adding that the Federal Government had decided to discontinue the case against the protesters.
He particularly prayed the Court to allow for the proceeding to be conducted without the presence of the minors in the courtroom, in line with provisions of Section 266 (b) of the ACJA, 2015, and Section 1 of the Childs’ Rights Act.
Counsel to the defendants that included Mr Femi Fanala, SAN, did not oppose the application.
Accordingly, Justice Egwuatu, struck out the charge against the protesters who were minors.
Justice Egwuatu had on Friday, admitted the 114 protesters arraigned by the police to N10 million bail each with two sureties in like sum after hearing the defence lawyers’ application and the prosecution’s submission.
Two separate charges were brought before Justice Egwuatu which included the first 10-count charge marked: FHC/ABJ/CR/503/2024, in which 76 defendants were listed while in the four-count charge number: FHC/ABJ/CR/527/2024, had 43 persons listed as defendants, making a total of 119 defendants.
However, a total of 114 were later arraigned due to the ill-health of five of the children among the defendants who collapsed in open court when the trial commenced.
The four of minors that collapsed included; Usman Fatihu (21 years), Muhammed Yahaya (14 years), Muktar Ishak Alhassan (16 years) and Mustapha Ibrahim (18 years) who were 68th, 74th, 75th, and 76th defendants respectively in the 10-count charge bordering on treason, among others.
In the second charge containing 43 defendants, one of the defendants equally had health challenge.
Audu Garba, who appeared for the prosecution lawyer, prayed the court to discharge five of the defendants who had health issues, saying that they would be re-arraigned once they recover following medical treatment.
Accordingly, Justice Egwuatu struck out their names from the charges after application by the police lawyer.
After the charge was read to the first 72 defendants, they all pleaded not guilty, allowing their legal team to apply for bail and the trial judge then adjourned the matter until January 24, 2025, for commencement of trial.
In the second arraignment of the 42 protesters, they equally pleaded not guilty to the four counts read to them, and were granted N10 million bail each with two sureties in the like sum.
