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The defendants in the ongoing trial instituted by the Federal Government against some children for allegedly taking part in the August protest tagged “End Bad Governance” have filed a notice of preliminary objection, asking the learned trial judge to decline jurisdiction in the case.
The application, filed on their behalf by foremost human rights lawyer Femi Falana SAN, also seeks an order mandating the complainant to pay the defendants’ school fees up to at least senior secondary school or university level.
Falana argued that this is in compliance with Section 18 (3) (a)(b)(c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter. The defendants contend that the Federal High Court lacks jurisdiction to try them by virtue of Section 251 of the 1999 Constitution.
Furthermore, the application asserts that according to Section 204 of the Child’s Rights Act, the underage defendants can only be subjected to the child justice system and cannot be tried alongside adults in a formal court setting.
The legal team, comprising Femi Falana SAN, Olumide Fusika SAN, Ola Onagoruwa SAN, Funmi Falana SAN, and several other prominent human rights lawyers, argued that the Federal High Court in Abuja lacks the jurisdiction to entertain the charges against the minors, as the alleged offenses took place in Kano, outside the court’s territorial jurisdiction.
Moreover, the lawyers contend that some of the charges, such as counts 6 and 10, are unknown to law and do not constitute offenses under any written law in Nigeria, making them incompetent under Section 36 (8) and (12) of the 1999 Constitution.
The legal team is urging the court to discharge the minors and compel the government to fulfill its obligation to provide them with access to education as guaranteed under Nigerian law. The case highlights the issue of trying children as adults and the need to protect their fundamental rights, including the right to education.
The court’s decision on the preliminary objection is expected to set a significant precedent regarding the treatment of juvenile defendants and the government’s responsibility towards ensuring access to education for all children, even those in conflict with the law. The matter has been adjourned for further hearing.
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