Legal experts are calling on President Bola Tinubu to extend his efforts beyond the release of minors detained during the #EndBadGovernance protests, urging him to prioritize their rehabilitation and compensation. They argue that these minors’ rights were violated, citing both child rights laws and constitutional safeguards, writes Onozure Dania.
President Tinubu’s directive to release the minors, who were recently arraigned at the Federal High Court in Abuja, came in response to public outcry over their detention. The youths appeared visibly malnourished, which heightened concerns about their treatment in custody. Justice Obiora Egwatu ultimately dismissed the charges after the Attorney-General of the Federation intervened, and Vice President Kashim Shettima encouraged the minors to focus on building positive futures.
However, legal advocates insist that further action is needed. Senior Advocate Wahab Shittu emphasized the importance of follow-up support, including welfare initiatives to address the minors’ needs. “The president’s directive to release them is commendable, but comprehensive rehabilitation and compensation would show true responsiveness to public concerns,” Shittu said.
Joseph Otteh, Convener of Access to Justice, condemned the initial arrests and subsequent charges, describing them as “reckless and unfounded.” He criticized the baseless accusations of terrorism and treason, arguing that these minors were exercising their constitutional rights. Otteh noted, “The Constitution mandates that individuals unjustly detained should receive an apology and compensation. Attempting to label them as terrorists was merely a ploy to justify unwarranted arrests.”
Otteh also highlighted procedural failures, noting that both the Child Rights Act and the Administration of Criminal Justice Act (ACJA) specify guidelines for the detention of minors, which were not adhered to. “Under the ACJA, detention beyond 42 days without arraignment is prohibited, yet these minors were held far longer. Courts should be protective against such injustices, not complicit.”
Senior Advocate Kunle Adegoke echoed these sentiments, stressing that minors cannot be subjected to criminal trials in the same manner as adults, given that they lack the legal capacity for criminal intent. Adegoke remarked, “Minors should be handled through child-remand or foster facilities rather than facing criminal prosecution. The court should have dismissed any criminal charges and placed them in appropriate rehabilitation settings.”
Further supporting this view, Professor Sam Erugo criticized law enforcement’s continued failure to recognize minors’ rights under the justice system. Erugo pointed out that the Child Rights Act replaced outdated juvenile laws, mandating that accused minors be processed in family courts that prioritize confidentiality and protective measures. “Detaining children publicly in adult facilities is a violation of both the law and their basic rights,” he said.
Professor Damilola Olawuyi expressed concern over the human rights implications of the children’s detention, noting that Nigeria, as a signatory to the Convention on the Rights of the Child, is bound by international standards. “Juvenile justice procedures should prioritize rehabilitation over punishment,” he stated. “This case requires thorough investigation and accountability for those responsible for such violations.”
Senior Advocate Wolemi Esan outlined further protections within the Children and Young Persons Act, emphasizing that minors have specific legal safeguards according to their age. Esan criticized the mismanagement of these minors’ detention and court proceedings, which ignored key provisions such as limited detention time and non-custodial measures.
As the case draws attention, legal experts maintain that Tinubu’s intervention represents only the beginning of justice for these young individuals. They stress that systemic reforms and compensation are essential to prevent future breaches of minors’ rights and restore public confidence in the justice system.