The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has sought to clarify the legality of prosecuting minors in Nigeria, stating that there is no constitutional barrier preventing the arraignment or trial of minors who commit crimes, including serious offenses. His comments come as a response to widespread criticism over the handling of minors arrested during the #EndBadGovernance protests earlier this year.
Speaking on Thursday night in Abuja at the commissioning of the new office complex for the Law Corridor and the presentation of a book on modern Nigerian legal practices, Fagbemi addressed the ongoing debate surrounding the prosecution of minors. He emphasized that the Nigerian Constitution does not exempt minors from legal proceedings, even in cases involving grave charges.
The statement comes in the wake of the arrest of numerous protesters during the #EndBadGovernance demonstrations, which took place from August 1 to 10, 2024. Many of those detained were minors, and the subsequent arraignment of 119 protesters in two separate batches sparked outrage when reports emerged that some of the detained minors appeared malnourished and in poor health. Public outcry grew when it was revealed that four defendants had collapsed during the first arraignment session.
Fagbemi responded to these concerns by clarifying that the Federal High Court has the jurisdiction to handle cases related to serious offenses such as treason. “There is a misconception that because these individuals are minors, they should not face trial,” he said. “However, there is no law in this country that prohibits the prosecution of minors. The law is clear on this matter.” The AGF also addressed suggestions that these cases should be handled by a family court, reiterating that the nature of the charges, particularly in cases like treason, falls squarely under the Federal High Court’s jurisdiction.
Despite the legal clarity, Fagbemi acknowledged the gravity of the situation and praised President Bola Tinubu for his compassion. In a rare move, the President opted to pardon the detained protesters, including the minors, and dropped the charges against them. “The President, as a father and grandfather, made the decision to release these young people after considering the facts of the case,” Fagbemi explained. “Despite the serious nature of their offenses, the President�s compassion as a parent and grandparent played a significant role in his decision to show leniency.”
On the matter of local government financial autonomy, Fagbemi discussed the Supreme Court�s recent judgment and the gradual process of its implementation. He reassured the public that while it would take time to fully implement the decision, the government was committed to ensuring that local governments would eventually have greater financial independence. “The implementation will be gradual, but we are committed to seeing it through,” he said. “The President supports this decision, and the public response shows broad approval.”
Fagbemi also took the opportunity to advise legal practitioners on the importance of partnerships in the legal profession. He stressed that partnerships not only enhance expertise and capacity but also help with risk management and provide more effective legal solutions. “It is no longer viable for law firms to operate in isolation,” he said. “Partnerships bring together diverse expertise, which is critical in addressing the complex legal challenges of today.”
He emphasized that collaboration between experienced practitioners and younger lawyers helps foster innovation and ensures the long-term sustainability of the profession. “When senior lawyers collaborate with younger professionals, it benefits both generations. The younger lawyers bring fresh ideas, while the experienced ones offer valuable guidance,” Fagbemi added.
In conclusion, Fagbemi underscored the value of collaboration in law, highlighting how partnerships contribute to a more resilient and adaptive legal system that can better meet client needs and drive the profession forward.
