Falana Files Application, Urges Court To Dismiss Charges Against Underage Children, Enforce Free, Compulsory Education For Them
Falana Files Application, Urges Court To Dismiss Charges Against Underage Children, Enforce Free, Compulsory Education For Them
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.”
Human rights lawyer, Femi Falana, SAN, has filed an application urging the Federal High Court in Abuja to dismiss charges against several underage defendants accused of treason for allegedly participating in the August #EndBadGovernance” protest.
Falana, representing the defendants in a statement, insists that the President Bola Tinubu-led government has a constitutional obligation to fund their education as part of its duty 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.”
He asserted that these underage defendants “cannot be tried with adults in a formal adult court.”
The application, based on both national and international legal provisions, reinforces the defendants’ rights to protection under juvenile justice laws, while also stressing the government’s duty to fulfil its educational commitments 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 atleast 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.”
Meanwhile, SaharaReporters reported on Friday that Federal High Court presided over by Justice Obiora Egwuatu, granted bail to 76 protesters who participated in the #EndBadGovernance protest held in August 2024.
While the court granted each of the defendants N10 million bail for the adult protesters, the court demanded the parents of the minors to take their children on bail.
However, one of the Counsels to the protesters, Deji Adeyanju, lamented that stringent bail conditions the court imposed on the protesters who have been in custody since August, have led to the taking them back to prison custody.
