Introduction
In recent time in Nigeria, there has been several commentaries on the arrest and arraignment of young persons at the Federal High Court, Abuja, on charges of treason.[1] Earlier in the year, several young persons were arrested on the charge after protesting and being caught with waving the flag of another country. The persons [including minors] were charged with looking to overthrow the current government and asking for a military intervention.[2] However, the actions of the government came under more scrutiny due to the period in which the minors had been incarcerated, and their physical appearance in court.
The aforementioned actions have several implications under the ambits of Nigerian law. Hence, this paper will discuss the position of the law on the arrest and prosecution of minors in Nigeria, the powers of the Attorney-General of the Federation under the 1999 constitution of Nigeria and its implications with regards to the situation.
The Arrest of Young Persons
The concept of a young person, can be described as an individual under the age of 18 years old.[3] This definition will therefore include minors [children and young persons]. In Nigeria, a young person [although not specifically identified] is defined as a person under the age of eighteen years old.[4] Evidently, the definition establishes the view of the law and how it applies to persons under the legal age.
In Nigeria, the key legislation protecting the rights of minors or young persons is the Child Rights Act of 2003[5] which seeks to protect the rights of children from being infringed on or exploited. Specifically, section 3 of the Act notes that the accruable rights to adults under Chapter IV of the 1999 constitution [as amended], also can be extended to children and young persons.[6] The Act also establishes the several rights which children must enjoy, including: the right to a name;[7] freedom of association;[8] freedom of thought and conscience;[9] right to privacy and family life,[10] etc. The listed rights therefore must be duly protected and recognized by the security agencies in Nigeria, as well as the courts.
The Child Rights Act, being an essential law in protecting minors also details how or where they can be charged, as well as what to in cases involving minors. Considering the offence to which the minors were arrested for, the protection identified under section 204 of the Childs Rights Act provides that persons under the age of 18 cannot be charged to a regular court of law, and must be subjected to the child judicial process. This section notes that:
No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes set out in this Act.[11]
Additionally, section 205 notes that in a proceedings involving a child, there must be a protection of the child’s privacy – including not having the details or information of the child being made known to the public. Furthermore, the actions of the prosecution were criticized, as the Child Rights Act of 2003, which aims to protect children and young persons, provides that children cannot be sentenced to death.[12] Notwithstanding, the courts have convicted minors for criminal offences – including the case of Yusuf Musa v. State[13] where the Supreme Court upheld the conviction of an 11 year old boy who was found guilty of killing a person with a machete.
Thus, the combination of arresting young persons on the charge of treason [being a capital offence], as well as the possibility of a death sentence raised a high level of concern. With regards to the arrest of the minors by the Police, as well as their prosecution, it can be argued that the arrest and prosecution of the minors runs against the ethos of the Child Rights Act, which aims to protect the rights and lives of minors in Nigeria.
Powers of the Attorney-General
The Attorney-General is the Chief Law officer of the country – and as such is saddled with the responsibility of handling several disputes on behalf of the Federation. The position of the Attorney-General has been recognized by the Constitution and the Courts in a number of cases. In Ilori v. State,[14] the court, Per Fatayi-Williams JSC, held that the powers of the Attorney General are such that he is under no judicial control, and empowered to institute or discontinue criminal proceedings. Additionally, the identified powers are not limited to cases where the Attorney-General is a party to the suit.[15]
Asides from the power to handle legal disputes, the Attorney-General also serves as the Minister of Justice of the Federation, and in some sphere, the Chief Legal Advisor of the Federation.[16] Similar to the role of the Attorney-General of the Federation, the same is also provided for States, with the Attorney-General of the State also serving as the Commissioner for Justice.[17]
Under the 1999 Constitution of Nigeria [as amended], the powers of the Attorney-General of the Federation can explicitly be identified in three points:
- The power to institute legal proceedings in any proceedings, asides from a Court Martial:[18]
- Power to takeover or continue any criminal proceedings that may have been started by another person or authority;[19] and
- Power to discontinue a criminal suit at any point before judgement.[20]
It is most notable that the powers listed above are also connected to that of the Attorney-General of the State.[21]
The President’s Orders for the Release of Young Persons
Upon the news of the minors being arraigned by the Federal High Court, and the conditions of bail of minors, the decision was met with several opinions and backlash to which the Federal Government faced heavy criticisms. This led to the President of Nigeria, President Bola Tinubu directing the release of the minors.[22]
However, it is important to note that this power is not under the auspices of the President, but that of the Attorney-General, as identified. The directive to discontinue the suit however promotes the recognition of children’s rights and remains commendable.
Conclusion
In conclusion, the rights of children are recognized under the 1999 Constitution of Nigeria, as well as the purports of the Child Right’s Act. Additionally, the duties of the Attorney-General extends to the institution of, taking over and discontinuing of suits. It remains the author’s opinion that the directive to discontinue the suit against the minor is very commendabl
[1] Aljazeera “Rights Group Call For Release of Minors Charged Over Nigeria Protests“ (Aljazeera, 3 November 2024) < https://www.aljazeera.com/news/2024/11/3/rights-group-calls-for-release-of-minors-charged-over-protests > accessed 11 November 2024.
[2] Ibid.
[3] Lexis Nexis “Minor Definition” (LexisNexis, 2024) < https://www.lexisnexis.co.uk/legal/glossary/minor > accessed 11 November 2024.
[4] The Child Rights Act, s. 277 available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[5] Act No. 26 of 2003, Child’s Rights Act, 2003 available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[6] The Child Rights Act, s. 3, available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria
[7] The Child Rights Act, s. 5, available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[8] The Child Rights Act, s. 6 available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[9] The Child Rights Act, s. 7, available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[10] The Child Rights Act, s. 8, available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[11] The Child Rights Act, s. 204, available at https://app.judy.legal/legislation/akn/ng/act/2003/26?q=child%20right%20act&type=legislation&court=all&country=nigeria.
[12] Bolanle Olabimtan “Falana asks Court to Dismiss Charges against Arraigned Minors” (The Cable, 3 November 2024) < https://www.thecable.ng/falana-asks-court-to-dismiss-charges-against-arraigned-minors/ > accessed 10 November 2024.
[13] Yusuf Musa v. State (2015) JELR 40351 (CA).
[14] (1983) JELR 51804 (SC).
[15] Ibid.
[16] Sam Kargbo “The Office of the Attorney-General of the Federation” (ThisDay Newspaper, 2024) < https://www.thisdaylive.com/index.php/2021/01/26/the-office-of-the-attorney-general-of-the-federation/ > accessed 2024.
[17] Ideolu John Koni “An Appraisal of the Powers of the Attorney-General of the Federation to Prosecute Violators of the Presidential Order Suspending the Operations of Twitter in Nigeria” [2021] 8 NAU.JCPL 56.
[18] See: Adili v. State (1989) JELR 39800 (SC); African Newspapers of Nigeria & Ors v. FRN (1985) JELR 42542 (SC)
[19] Akingbola v.FRN & ANOR. (2012) JELR 49301 (CA).
[20] The 1999 Constitution, s. 174; see also Ezomo v. Attorney-General, Bendel State (1986) JELR 42602 (SC).
[21] The 1999 Constitution, s. 211, available at https://app.judy.legal/legislation/akn/ng/act/1999/constitution.
[22] Lanre Lasisi ‘Tinubu Orders Release Of Minors Arraigned For Hunger Protests’ (Channels TV, 4 November 2024) < https://www.channelstv.com/2024/11/04/breaking-tinubu-directs-immediate-release-of-minors-arrested-over-hunger-protests/ > accessed 12 November 2024.
