#EndBadGovernance: NGO Asks AGF To Issue ‘Nolle Prosequi’ On Minors

THE Citizens’ Gavel, a civic-tech not-for-profit/ non-governmental organisation, has petitioned the Attorney General of the Federation (AGF), Lateef Fagbemi, urging him to enter a Nolle Prosequi in favour of the children and other persons arrested in connection with the #endbadgovernance protest.

Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

Citizens’ Gavel, in a statement by its Legal Associate, Marvellous Monday, issued in Abuja on Monday, condemned the action of the Nigeria Police Force in detaining children and other persons who were arrested during the #endbadgovernance protest that took place between August 1-10, 2024.

He expressed worry over the arraignment of minors under the age of 18 among the 76 defendants, saying that from the latest possible date of their arrests until the date of arraignment, these persons had spent at least 83 days in detention before they were brought to Court to be arraigned on charges mainly concerning intent to destabilise Nigeria.

“To worsen the situation, upon their appearance in Court, they looked malnourished and in a terrible state of health, showing that they were detained all these while under very horrible conditions and without proper and adequate care. This was arguably why about five (5) of the arraigned persons, including minors, collapsed during the court proceedings. In contrast, others shed tears helplessly, and the Court was forced to stand down the proceedings to reconvene later that day.

“Keeping the Defendants, allegedly comprising of persons below the age of 18, for at least eighty-three (83) days in detention before they were brought to Court is a violation of various rights, including:

Breach of their fundamental right to personal liberty as guaranteed under section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of the African Charter on Human and People’s Rights…

“These Defendants also suffered a gross violation of their right to enjoy respect for the dignity of their persons as guaranteed under section 34 of the CFRN 1999 (as amended) and Article 5 of the African Charter on Human and People’s Rights, having been kept in detention for months without proper care and provision up to the extent of them looking visibly malnourished, unable to walk and some slumping in Court during the proceedings.

“Furthermore, as provided by Section 212 of the Child’s Rights Act, the detention of children awaiting trial should be deployed as a last resort. And if they are so detained, they are to be cared for properly in detention. However, they have been allegedly detained for at least eighty-three (83) days without proper care, depriving them of the protection that the law grants them under section 212 of the Child’s Rights Act.

“Consequently, Citizens’ Gavel condemns the high-handedness and cruelty that has been meted out to the Defendants in their totality by the Nigerian Police Force. Nigeria is a society governed by the rule of law, and people in authority should not be seen abusing their powers without any remorse.

“Citizens’ Gavel has petitioned the Attorney General of the Federation, urging him to go a step further by using his office as the chief law officer of Nigeria to come to the aid of these minors by invoking his powers under Section 174 (1)(c) of the CFRN 1999 (as amended) to enter a Nolle Prosequi in favour of these children as well as all other Defendants in the charge thereby withdrawing and discontinuing the charge against them as they did nothing but protest the hunger that has plagued the common man in all the nooks and crannies of Nigeria in recent times as a result of the current economic policies and reality.”