By Bala Ibrahim.
I started by being amused but ended up being badly bemused, because of the news of the arraignment of 76 suspects, some of them between the ages of 12 and 15, who were charged with terrorism and attempt to overthrow the government.
At first, I thought my ears were malfunctioning, when I heard the news on the radio. But when it was flashed on Television, and I watched the news repeatedly, I said to my self, we have a problem. Real problem. Everyone saw on TV, images of the children or babies paraded, emaciated, many of them looking frail, abnormality thin and weak, from evident illnesses and lack of food.
Yet, the prosecution lawyer shamelessly came before the camera, to say, “They are adults. Some of them are married men with kids.
The kids you saw only came to greet their loved ones”. I had to switch off the TV and withdraw to the bedroom in search of medication. I took ill, and needed pain killers badly. I asked my self, is that the meaning of the law? To lie so brazenly without recourse to morality, or one’s conscience?
The dictionary gave me two definitions for the word law. The first says, A system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The second definition says, A rule defining correct procedure or behaviour in a sport.
I got a third definition from a friend, who told me the law is, common-sense, sensibly applied. All three definitions agree with the rightful procedure of doing things, including prosecution. None came near supporting the kind of impudent and impertinent display of insensitivity, as exhibited by that lawyer on TV.
Some may argue that the prosecution lawyer is only doing his work, but late Gani Fawehenmi SAM,SAN used to say, legality should be guided by morality. Of what benefit would it be to this lawyer, if at the end of the day, those babies or juveniles, are convicted on the basis of his misleading presentations? Can’t we be working with our conscience, even if we want to be of service to our country? Where are all those that over- heated the country with all manner of brag, in the countdown to the protests? Why ain’t they charged? And they are known. I wrote a lot in condemnation of the planned protest, and supported the arrest of those behind it. But I didn’t know the exhibits to be charged would be juveniles.
The 76 suspects, including 28 Minors, were arrested in various locations like Kaduna, Kano, Gombe, Plateau, Katsina States and the FCT. They were allegedly arrested on August 3rd and had since been in detention before their arraignment today. The Government is charging them with treasonable felony, rioting, destruction of public property, assaulting security officials, looting, terrorism and attempt to overthrow the government, among others. One of them fainted before the judge, Justice Obiora Egwuatu of the Federal High Court, Abuja. All of them pleaded not guilty before the judge granted them on a N10 million bail each. The adults are to be remanded at the Kuje Correctional Centre, Abuja, while the minors are to go to the Bostal Children’s Home, pending the perfection of their bail conditions.
In analysing the situation on Channels TV, a female lawyer, who stood in for these babies, said they were held beyond the period stipulated by law and in places that violate their rights and statuses. They are juveniles but kept in facilities that are meant for adult and hardened criminals. Some, she said, were detained along with adults at the IRT facility that is popularly called the Abattoir. I don’t know why a juvenile suspect would be treated in the same way with an adult suspect. And we have a juvenile justice system.
The juvenile justice system is a set of laws, policies, and procedures for handling non-adult offenders. It’s designed to protect the rights of children and young people, and to provide legal remedies in situations of conflict or neglect. The juvenile justice system differs from the adult criminal justice system in several ways. The goal of the juvenile justice system is to rehabilitate and reintegrate youth into the community, rather than simply punishing them. Under the juvenile justice system, courts don’t encourage prosecutors to bring charges, instead, they rely on reports from probation officers and social workers. And they are kept in appropriate facilities.
Whatever argument lawyers would present in court, questions would come about Human rights violations, particularly because it prohibits arbitrary deprivation of life, torture, cruel or degrading treatment or punishment, some of which have been shown to these juveniles. Their arrests, detention and violation of their privacy would certainly be challenged. Because, they fall under the bad-deeds of brutishly blaming babies.