With the eventual release of 67 under-aged minors detained for involvement in #EndBadGovernance protests in August, the dust of the entire episode appears to have settled without lessons to improve our justice system’s administration. Between July 31 and August 11, 2024, #EndBadGovernance protests rocked through most states across Nigeria. The protests boiled more in the Northern states where the media carried scenes of arsonists burning down and looting public and private establishments. The protests took threatening dimensions when authorities alleged sighting foreign mercenaries amidst protesters who were raising Russian flags and calling on Russia to intervene in Nigeria’s internal affairs. The police subsequently swooped on protesters, encycling among them about 67 minors. Those caught were taken to the federal capital territory, Abuja, and dumped in detention cells.
Protests having been successfully quelled, Nigerians returned to their daily life hustles, while the minors with their adult suspects languished outside public consciousness. It took the coincidental sojourn in police custody, of one Martins Otse aka VeryDarkMan, for public awareness to be redrawn to a forgotten episode. VeryDarkMan had himself got entangled in police nets for posing in police attires allegedly without authorisation, hence his arrest and detention. But VeryDarkMan’s predicaments turned out to be the very channel through which the incarceration of vulnerable kids by state actors, caught the attention of a curious social media activist. As typical of VDM, sooner had he got freed than he released tales that exposed the ugly conditions of kids he met while in police custody. By then the kids had languished for no less than 90 days without arraignments. Most of them having been ferried from as far as Kano, and away from family supports, had starved immensely with pitiable signs of deteriorating health.
In the face of the exposé, police authority swinged into a flurry of actions that within hours, saw all protest detainees arraigned before a court wherein they were committed to prison on stringent bail conditions. Apparently, VDM’s exposé helped the police suddenly crack difficult nuts and untie knots they could not achieve for over 90 days. And quite surprisingly, lingering investigations got concluded within hours while charge sheets got ready for the courts. Was the police in a hurry to extricate itself from an already ugly situation? Even for treasonable offences, the delay in prosecution and the silent manner in which the suspects were incarcerated speak volumes about the inhumane nature of our law enforcement systems, and highlights the nature of maltreatments many other suspects have had to undergo contrary to the primordial principles laid down for the protection of human rights and dignity, even in custody.
That kids protesting against hunger were rounded up and set to languish in hunger for three months, should be deplorable enough to engender empathy. Yet notwithstanding the pitiable conditions in which the fragile kids appeared in court, the presiding judge ruled that, “The defendants are granted bail in the sum of N10 million each, with two sureties in like sum. One of them must be a Level 15 civil servant, and the other a parent of the defendant.” Such indifference smacks of our justice system’s high-handedness and its deposition to using a sledge hammer to punish an errant fly. Whereas, government should lead in the protection of the most vulnerable in society against any form of physical and emotional trauma, ours has become wanting in that regard. It was therefore no great surprise when public outbursts greeted both the exposure of the incarceration and the eventual terms in which the kids were sent to prison.
Many civil society organisations, human rights activists, former presidential candidates, and many others, expressed anger on discovering the inhumane treatment, prompting the Attorney-General of the Federation (AGF) to immediately take over the case files. But with a presidential intervention that finally ordered all charges dropped and all detainees released, it appears to be another closed cycle. However, some Nigerians are calling for sanctions against the Inspector-General of Police, the trial judge and the AGF for allowing such incarcerations against under-aged persons, while others complain that our justice system’s ‘charge and bail’ syndrome does not allow full dissecting of public issues to beneficial conclusions. Some question that, even as Nigeria Police Force Public Relations Officer, Muyiwa Adejobi, insists that children above the age of seven can be charged to court, does Nigeria’s Child Rights Act stipulate that offending kids should be remanded among hardened adult criminals, rather than with trusted guardians?
Does the raising of foreign flags even during protests constitute treason? And for how long should suspects be in police cells before arraignments? On the flip side, the raising of Russian flags might genuinely be worrisome considering the spate of military expeditions across Nigeria’s neighbours in the Sahel, where with alleged Russian backings, military juntas have over-thrown governments and severed Western alliances in favour of Russia.  Allowing unbiased investigations into the motives behind the alleged call on Russia to intervene in Nigeria’s internal affairs coupled with the raising of flags during the protests, should have revealed any broader implications. This becomes more pertinent in the face of on-going rumours about coup plots. If our law and justice establishments had been more forthright, all suspects should have been profiled within the stipulations of legal frameworks that ensure humane handling, and the protection of our national integrity.
The outcomes of diligent prosecutions should also have availed Nigerians who supported the protests solely for the genuine purpose of ensuring good governance, the opportunity of knowing if truly the protest was hijacked, how and by whom. In Nigeria, hundreds of arrests go on daily but end up without insightful closures, in a common phenomenon referred locally, as ‘charge and bail.’ Some cases stall due to the frivolity of their origins, and some due to bribery, sheer frustration or politics. While submitting that the trauma of the incarcerated kids should not be swept under the carpets without some consolations, there is need for sanctions against their incarcerators. However, President Tinubu’s order that discharged in one swing, both adult suspects and the maltreated kids, whether out of political calculations having achieved an aim of silencing a protest, or to enable justice, has just repeated an over-beaten cycle – our penchant for ‘charge and bail.

Joseph Nwankwor