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AGF Has No Locus to Charge Minors, Says J.B. Daudu, SAN

By Achadu Gabriel, Kaduna

Former President of the Nigerian Bar Association, J.B. Daudu (SAN), has criticized the prosecution and detention of alleged minors transferred from Kano to Abuja, arguing that the Attorney General of the Federation (AGF) has no jurisdiction to charge them for offenses reportedly committed during the #EndBadGovernance protests within their respective states.

In a protest statement on Saturday, Daudu contended that the AGF’s role in charging the young men seen in court is overreaching, particularly as the charges are reportedly related to alleged treason. According to him, the Federal High Court proceedings in Abuja were flawed, especially given the nature of the charges.

Daudu argued that if the youths, some allegedly minors, were charged with appropriate offenses in their home states, he would have had no objection. “For me, the highest offenses that could have been charged include ‘conduct likely to cause a breach of the peace,’ ‘unlawful assembly,’ ‘willful destruction of public property,’ and ‘theft,’” he said. “These are state-level, bailable offenses, not federal crimes.”

He went on to state that it is a distortion of Nigeria’s federal system for the Federal Government to intervene in a matter that falls under state jurisdiction. Daudu called the Federal Government’s involvement a “caricature of federalism,” noting that the rights of citizens are being eroded while state governments appear indifferent.

The senior lawyer highlighted that the young men have been detained under inhumane conditions for over three months. He argued that, even if they had committed offenses, the punishment should not exceed reasonable fines or a three-month sentence in a local correctional facility.

Daudu urged the Federal Government to drop the charges and release those detained, advocating for compensatory rehabilitation. He also questioned the conditions of detention, expressing concerns over the welfare of the detainees and calling for an inquiry into their treatment while in custody.

“This situation challenges our credibility as a self-governing nation,” Daudu stated, urging Nigeria to re-engineer its governance structure to address deeper issues, rather than relying on temporary measures.

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