By Taiye Agbaje
A FEDERAL High Court in Abuja on Tuesday struck out the treason charge preferred against the minors who participated in the August #EndBadGovernance or hunger protests following its withdrawal by the Nigerian Government.
Justice Obiora Egwuatu struck out the charge after the application for the discontinuance was moved by Mr Mohammed Abubakar, counsel to the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Lateef Fagbemi, SAN.
Abubakar, who is the Director of Public Prosecution of the Federation (DPPF), premised his application on provisions of Sections 174(1), (b) and (c) of the 1999 Constitution (as amended) and 108 of the Administration of Criminal Justice Act (ACJA), 2015.
The lawyer, who told the court that the AGF had officially taken over the case-file, said the federal government had decided to discontinue the case against the protesters.
The DPPF also applied for the proceeding to be conducted without the presence of the minors in the courtroom, in line with provisions of Section 266 (b) of the ACJA, 2015, and Section 1 of the Childs’ Rights Act.
Counsel to the defendants, including Mr Femi Fanala, SAN, did not oppose the application.
Justice Egwuatu, consequently, struck out the charge against the protesters who are minors.
Justice Egwuatu had, on Friday, admitted the 114 protesters arraigned by the police to N10 million bail each with two sureties each in like sum. The judge admitted them to bail after hearing the defence lawyer’s application and the prosecution’s submission.
Two separate charges were brought before Justice Egwuatu.
In the first 10-count charge marked: FHC/ABJ/CR/503/2024, 76 defendants were listed while in the four-count charge number: FHC/ABJ/CR/527/2024, 43 persons were listed as defendants, making a total of 119 defendants.
However, a total of 114 were later arraigned due to the ill-health of five of the children among the defendants. Four out of the 76 defendants in the first charge collapsed in open court when the trial commenced.
The four of them were Usman Fatihu (21 years), Muhammed Yahaya (14 years), Muktar Ishak Alhassan (16 years) and Mustapha Ibrahim (18 years).
They are 68th, 74th, 75th, and 76th defendants respectively in the 10-count charge bordering on treason, among other offences.
The development made the trial judge, Obiora Egwuatu, to abruptly stand down the trial for about 40 minutes before the court reconvened.
In the second charge containing 43 defendants, one of them equally had health challenge.
Audu Garba, who appeared for the prosecution lawyer, prayed the court to discharge five of the defendants who had health issues.
Garba said they would be re-arraigned once they recover following medical treatment.
Justice Egwuatu then struck out their names from the charges after application by the police lawyer.
After the charge was read to the first 72 defendants, they pleaded not guilty, allowing their legal team to apply for bail.
The judge then adjourned the matter until January 24, 2025, for commencement of trial.
In the second arraignment of the 42 protesters, they equally pleaded not guilty to the four counts read to them, and were granted N10 million bail each with two sureties in the like sum.
The judge who gave the same bail terms, adjourn the trial until Jan. 24, 2025.
The withdrawal of the charge by the Nigerian Government followed President Tinubu’s order on Monday, that the AGF should take over the matter and release the minors. (NAN)
