Legal arguments against prosecuting minors for treason in Nigeria center on several key points among which is the establishment of an age of criminal responsibility.
The Nigerian Constitution and the Child Rights Act define minors as individuals under 18 years old. While the Criminal Code allows for prosecution starting at age 12, the Child Rights Act prohibits minors from being tried in adult courts, emphasizing that they should be processed through a child justice system instead.
In the Nigerian situation, minors have been charged with treason and arraigned. Legal experts argue that treason involves organized insurrection against the state, which is not applicable to minors participating in protests. The actions of these minors, such as waving flags or chanting slogans, do not meet the threshold for treason as they lack intent to overthrow the government.
As a reminder , Nigeria is bound by international treaties, including the United Nations Convention on the Rights of the Child, which mandate that children should not face harsh penalties or be subjected to adult legal processes. Prosecution for treason contradicts these obligations and undermines children’s rights.
Furthermore, the principle of acting in the best interests of the child is central to both Nigerian law and international norms. Subjecting minors to severe charges like treason and harsh bail conditions violates this principle, especially considering their vulnerable state during detention.
The Administration of Criminal Justice Act prohibits detaining minors with adults and mandates
specific procedures for their treatment within the legal system.
The mass arraignment of these minors in a Federal High Court contravenes these legal protections. These arguments collectively highlight a significant legal and ethical challenge to prosecuting minors for treason in Nigeria.
The Child Rights Act in Nigeria provides specific protections for minors, preventing them from being tried for treason or subjected to adult criminal sanctions.
The Act defines a child as anyone under 18 years, ensuring that individuals in this category are not subjected to the adult criminal justice system . Interestingly, the Child Justice System mandates that children alleged to have committed offenses must be processed through a child justice system, which focuses on rehabilitation rather than punishment .
Moreover, the Act explicitly prohibits the imposition of the death penalty on minors, aligning with international standards for children’s rights .
It also clearly states that minors be treated separately from adults in legal proceedings, emphasizing their protection and best interests.
In any case, the framework prioritizes rehabilitation and social reintegration over punitive measures, reflecting a commitment to protecting children’s rights and welfare .
These provisions collectively argue against the appropriateness of prosecuting minors for serious charges like treason, as such actions contradict the intentions of the Child Rights Act.
The implications of the Child Rights Act on bail conditions set for minors in Nigeria are significant and multifaceted. Among other provisions, the Act emphasizes that minors should not be subjected to punitive measures.
Bail conditions that are excessively high, such as the ₦10 million set for the minors involved in the #EndHunger protests in Nigeria contradict the Act’s intent to protect children’s rights and welfare .
The Child Rights Act prioritizes rehabilitation over punishment. Therefore, bail should facilitate reintegration rather than impose burdensome conditions that hinder access to freedom and support .
The Act also mandates that minors be treated separately from adults in legal proceedings. Imposing adult-like bail conditions fails to recognize their developmental status and the need for a justice system tailored to their needs .
The principle of acting in the best interests of the child is central to the Act. Bail conditions should reflect this principle, ensuring they do not exacerbate the trauma or hardship already faced by detained minors .
The Child Rights Act outlines specific procedures for handling cases involving minors, including considerations for their background and circumstances. Bail conditions that disregard these provisions raise questions about legal compliance and the fairness of the judicial process.
Overall, the stringent bail conditions imposed on minors in this context highlight a potential violation of the protections afforded by the Child Rights Act, emphasizing the need for a more humane and just approach to juvenile justice in Nigeria.
