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AGF explains why minors can be charged with treason

The Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, recently explained why minors – children under 18 – can be charged with serious crimes like treason.

He said that there is no law in Nigeria that stops minors from being tried in court. However, he added that President Bola Tinubu decided to release some young people who were charged with treason after they took part in a protest earlier this year.

Prince Fagbemi made his comments at the opening of a new office for a law firm in Abuja, the capital city, on Thursday, November 7. He said that, based on the law, courts can try minors for crimes like treason. He also mentioned that some people had suggested that the teenagers should be sent to a family court instead of being tried in a regular court. But according to him, the law clearly shows that the Federal High Court has the right to hear cases involving serious charges like treason.

Fagbemi said, “No law in this country says a minor cannot be tried, and I have also heard suggestions that they should go to a family court. The study of the law and the constitution leaves you no other conclusion than that the federal high court has jurisdiction in matters bordering on treason and related issues.”

However, even though the law allowed the minors to be charged, President Tinubu decided to end the case and release them. Fagbemi explained that the President made this decision because he is a compassionate leader. “The president was very compassionate; he is a father and a grandfather,” said the AGF. He added that President Tinubu saw the situation from a personal perspective, saying, “I have children and grandchildren.” This made the President decide to show kindness and release the young people, even though the evidence in their case was serious.

The AGF said the President should be praised for his compassionate action, and that it showed his caring side. “The credit goes to him (the President) for showing compassionate consideration in releasing the young chaps,” Fagbemi said.

In the past few months, many people had been arrested for taking part in a protest across Nigeria, which took place from August 1 to August 10, 2024. The protest was called EndBadGovernance, where people spoke out about problems they saw in the government. The protesters were charged with treason, which is a very serious crime.

The case against 119 people, including 32 minors, was dismissed last Tuesday, November 5, by the Federal High Court in Abuja. The AGF had withdrawn the charges after the President decided to release the minors. Four of the young people, who were between the ages of 14 and 17, even fainted in court before the charges could be read to them.

After speaking about the case, the AGF also talked about the importance of teamwork in the law profession. He encouraged lawyers to work together, especially older, experienced lawyers partnering with younger lawyers. “When seasoned practitioners partner with younger lawyers, the next generation of practitioners learns from their experiences,” he said. Fagbemi believes that teamwork can help lawyers be more creative, find solutions to challenges, and provide better services to their clients.

The law firm that held the event is called The Law Corridor, and it was opened by a group of experienced lawyers, including Mr. Pelumi Olajengbesi, who is the managing partner, and Mr. Henry Kelechukwu Eni-Otu, the lead partner. Other important guests at the event included Governor Ademola Adeleke of Osun State and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi.

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