In response to the arraignment of minors from Kano moved to Abuja and facing treason charges, J.B. Daudu SAN, former President of the Nigerian Bar Association, has voiced strong disapproval, calling the case a “complete caricature of the Federalism that we claim to operate in Nigeria.”
He condemned the Federal Government’s involvement in what he believes are state-level offenses, criticizing it as an infringement on the rights of the detained youths.
Daudu questioned the treason charges, calling the accusation “obscene.”
“The only thing obscene about the Federal High Court proceedings in Abuja yesterday is the nature of the charge,” he asserted.
For Daudu, the nature of the charges, particularly treason, is entirely inappropriate for these minors, who, if guilty, would be more aptly charged with lesser offenses, such as “conduct likely to cause a breach of the peace,” “unlawful assembly,” “willful destruction of public property,” or “theft.”
These offenses, Daudu clarified, “are not only state offenses but bailable offenses” that should have been handled in the states where they allegedly occurred.
Daudu emphasized the legal overreach of the Attorney General of the Federation, insisting that state jurisdictions should handle the offenses.
“The Attorney General of the Federation has no locus to charge any of the young men…for any offense committed during the #end bad governance riots within the territory of their respective states,” he stated.
He further expressed frustration with the prolonged detention of these minors, which has lasted over three months, describing their conditions as “dehumanizing.”
“This is very inhumane and a breach of their fundamental rights,” Daudu said. Even if guilty of these offenses, he argued, reasonable fines or short-term sentences would have been more appropriate penalties, adding that minors should have been placed in correctional or borstal facilities if imprisonment were deemed necessary.
“The Federal Government’s intervention, typified by this unwarranted movement to Abuja, was totally unnecessary and a failure of our systems,” Daudu stated, condemning the involvement as an “infringement” on both the minors’ rights and Nigeria’s federal structure.
Daudu called on the Federal Government to drop the charges and release the detainees, urging compensation to be provided for the harm done to them.
Daudu also called for an investigation into the conditions of detention, asking whether proper funds had been allocated for the care of the detained minors.
“What happened to the monies voted for taking care of them whilst in custody?” he inquired, noting the need for a thorough inquiry if the government is to meet its obligations to citizens.
He argued this case exposes “our ability to govern ourselves as an independent nation,” adding, “It is not always about aspiring to be named to the Security Council of the United Nations… there is much work to do ahead.”
In conclusion, Daudu’s words serve as a call for systemic change in Nigeria. “It is time to re-engineer Nigeria,” he declared, urging a reevaluation of how the country addresses fundamental governance issues.
