Thursday , 21 November 2024

EndBadGovernance: 72 Minors Arraigned in Court Unconstitutional and Violation of Child Rights, Says Opeyemi Eyuruntari (Saffron SDGF)

Following the recent public outcry over the court appearance of northern protesters at the Federal High Court in Abuja, Ms. Opeyemi Ebulu-Eyuruntari, Executive Director of Saffron SDGF, has joined others in condemning the federal government’s arraignment of minors, calling it unconstitutional and a violation of child rights internationally.

The recent incident involving the arraignment of 72 minors on October 11, 2024, has highlighted the concerning use of adult prisons to detain young people, bringing this issue into public focus.

These minors were arrested following the #EndBadGovernance protest in August 2024. The federal government of Nigeria arraigned them, aged 14 to 17, in the Federal High Court in the Federal Capital Territory rather than in a juvenile court.

Saffron SDGF strongly condemns the use of adult detention facilities for minors and asserts that this development has exposed and embarrassed our national judicial system, which is wholly unacceptable.

Ms. Opeyemi Ebulu-Eyuruntari emphasizes that the rights of minors are fundamental and that Nigerian children’s rights must be respected and upheld by all parties involved. She also highlighted how this incident has exposed significant gaps in the nation’s programming for Orphans and Vulnerable Children (OVC) and in the juvenile justice system. This situation, she argued, necessitates an urgent reevaluation of Nigeria’s approach to addressing the needs of children within the justice system.

The Child Rights Act of 2003 mandates that the welfare of the child is paramount. Although Nigeria has a juvenile justice system, it does not meet international standards. The administration of this system has stated that it is essential to treat children in a way that promotes their sense of dignity and worth, taking their age and understanding into consideration. It also advises that efforts should focus on reintegrating children into society, enabling them to play constructive roles within their communities.

The United Nations Convention on the Rights of the Child (1989), to which Nigeria is a signatory, outlines the responsibilities of countries toward minors in the judicial system. Article 37 stipulates that minors have the right to legal representation, which was not provided in this case. Article 12 affirms their right to be heard and taken seriously, which did not occur for these children. Article 19 mandates the right to protection, yet these minors have been held in adult prison since August 2024. Article 40 states that a minor accused of breaking the law should be treated with respect and dignity. This, too, was disregarded, as they appeared in court malnourished, in torn clothing, and without a clear understanding of their alleged crime.

In conclusion, Chief ‘Aare’ Oluwasegun Oyedijo, Strategic Development & Partnership Director, states, “For us at Saffron SDGF, this is a clear violation of state, national, regional, and international legal frameworks concerning children’s rights and the judicial system.”

We urge Nigerians to join Saffron SDGF in advocating for a “National Safeguarding and Child Protection Policy,” alongside actionable procedures to be signed into law. This will establish a national guideline to protect Nigerian children from potential harm and abuse within the legal system.

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