News Investigators/ The Convener of the Duty Solicitor’s Network, (DSN) Bayo Akinlade, on Monday faulted the police for failing to bring the case to the attention of the Federal Directorate of Public Prosecution (DPPF), before arraignment.
Mr Akinlade spoke in reaction to the arraignment of 76 defendants, including 32 minors, before a Federal High Court Abuja, for allegedly participating in the August #EndBadGovernance protests .
“I, also fault the role the police played, especially in detaining the children beyond the constitutionally prescribed period, and not bringing the case to the attention of the office of the Federal DPP before arraignment.
“For all capital offence, minors are treated differently in the process of arraignment,” he said
He, therefore, urged the authorities to apply caution in dealing with such issues as it relates to minors.
According to Mr Akinlade, for capital offences, it is first important to conduct a thorough investigation linking the young persons to the alleged acts capable of disrupting government.
He noted that it is also important for the courts to refer to the provisions of the Child Protection Laws, in dealing with such matters, in the interest of justice .
“Terrorism is a serious offence, and it goes beyond flying foreign flags in a public protest.
“Terrorists are often hidden, well structured, well funded and often have manifestos prepared for their anticipated overthrow of a government.
“At least we watch movies and those of us who experienced military coups in our younger days, understand what it takes to engage in any act tantamount to terrorism.
“Whatever the facts that were placed before his lordship, the court should have taken counsel from the law and the child protection laws for guidance,” he said
The converner said that bringing the full weight of the law upon those children who can at best be described as misguided, is in contrast to the disposition of a court.
“The courts should have taken time to establish the ages of those minors, by calling on the welfare department to confirm same.
“Moreso, the court ought to have considered their ability to get sureties to stand for them, as well as consider the congestion in the prisons,” he said.
NAN reports that the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has stepped into the legal proceedings surrounding the recent arraignment of #EndBadGovernance protesters.
The minister directed the police to transfer the case file to his office for review.
The protest, which culminated in multiple arrests, saw suspects arraigned in court on charges of treason and others.
Mr Fagbemi on Friday, said the move was prompted by the need to examine the case more closely before taking any further action.
“There are some issues my office will need to look into regarding the matter to enable me to take an informed decision,” Fagbemi said.
The court had remanded the defendants in various detention centres and set a hearing date for January.
Mr Fagbemi acknowledged the court’s authority in the matter, emphasising, “It is not within my power to vary the order of the court remanding the defendants in detention centres and adjourning the case to January.”
Mr Fagbemi further instructed the DPPF to make preparations to appeal to the court for a revised, sooner hearing date.
“I have directed the DPPF to immediately put machinery in motion for consideration of the court to bring the adjournment date forward,” he added.
Earlier, at the Federal High Court in Abuja some minors, who were arraigned over the #EndBadGovernance protest,
collapsed in the courtroom, with many appearing visibly malnourished following their three months of incarceration.
Following their arraignment the court granted each minor N10 million bail.
Meanwhile, the prosecutor requested that the judge remove the names of those who collapsed from the charge.
NAN
