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Sunday, November 24, 2024

Falana files application, urges court to dismiss charges against remanded minors

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Femi Falana, SAN, a human rights attorney, has petitioned the Federal High Court in Abuja to drop treason charges against several minor defendants who were reportedly involved in the August #EndBadGovernance demonstration.

In a statement on behalf of the defendants, Falana maintains that the administration of President Bola Tinubu has a constitutional duty to support their education as part of its commitment to children.

The defendants filed a notice of preliminary objection, calling on the judge to “decline jurisdiction in the case and for an order mandating the complainant to pay their school fees till at least senior secondary school or university level.”

This request, Falana emphasised, is in line 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.”

Falana argued that the Federal High Court “lacks the jurisdiction to try them by virtue of Section 251 of the 1999 Constitution,” stressing that, under “Section 204 of the Child’s Rights Act, they can only be subjected to the child justice system.”

These juvenile defendants, he claimed, “cannot be tried with adults in a formal adult court.”

The application, which is grounded in both domestic and international legal provisions, upholds the defendants’ rights to protection under juvenile justice laws and emphasises the government’s obligation to fulfil its educational obligations to Nigeria’s youth.

The statement added, “The defendants in the ongoing trial instituted by the Federal government against some children for allegedly taking part in the August protest tagged Endbadgovernance has filed a notice of preliminary objection, asking the learned trial judge to decline jurisdiction in the case and for an order mandating the complainant to pay their school fees till at least senior secondary school or university level 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, Article 17 of the African Charter.”

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