- Safiu Kehinde
A Federal High Court in Abuja has, on Tuesday, struck out the treason charge filed against the minors who participated in the August #EndBadGovernance protest following its withdrawal by the Federal Government.
Justice Obiora Egwuatu struck out the charge after the application for the discontinuance was moved by 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 prosecution counsel 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.
On their part, Counsel to the defendants, including Femi Fanala, SAN, did not oppose the application.
Justice Egwuatu, consequently, struck out the charge against the protesters who were minors.
NPO reports that Justice Egwuatu had, on Friday, granted the 114 protesters arraigned by the police N10 million bail each with two sureties each in like sum following the the collapse of four out of the 76 arraigned minors in the court.
The four minors 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 judge admitted them to bail after hearing the defence lawyers’ application and the prosecution’s submission.
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 Jan. 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.
However, President Bola Tinubu, on Monday, ordered the AGF to ensure the release of the minors in the charge.