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Prof. Mike Ozekhome writes on ‘The Brouhaha about the Trial of Minors’
Was it right to try minors for waving the national flags of other countries? Was this an act that constitutes a criminal offence? Was there mens rea (intention) and actus reus (physical consummation of the intention)? These are some of the questions generated by the recent arraignment of minors that rightly generated national ruckus. Let us briefly interrogate these questions.
Treason is defined in section 410 of the Penal Code as “levying war against the State” with the intention of “over-awing the (President)”. It is punishable with death. Treasonable felony (or “crimes”), on the other hand (as defined in section 412 of the Penal Code), manifests in, amongst others, an overt act done with the intention of either compelling the government to effect a change of policy, to intimidate, or to overawe the Legislature or to instigate a foreigner to invade Nigeria. It is punishable with life imprisonment.
It must be noted that while the Penal Code applies in the Northern part of Nigeria, the Criminal Code (and it’s variants) applies in the South. Provisions similar to those under the Penal Code also exist in the South
It appears to me too far-fetched to charge a person with treason simply for merely waving a foreign flag in Nigeria, without more. There must be something overt, capable of igniting the intention, otherwise it will amount to criminalising a person’s right to freedom of speech and expression which is guaranteed under the 1999 Constitution. Instigating our military (or that of another country) to overthrow the government would clearly constitute such an act; but nothing of the sort was shown in the case of the minors.
It must be pointed out that no law prohibits the prosecution of a person for violating any law – including treason or treasonable felony – unless he or she is less than 7 years old or if, between the ages of 7 and 12, he lacks the requisite maturity and capacity to understand the nature and consequences of his or her acts. See Section 50 of the Penal Code.
Subject to such express exceptions provided, such a person of less than 18 years of age should only be arraigned before a Family Court established under the Child Rights Act or Law (defined as a High Court judge or Magistrate sitting with 2 assessors); but certainly not while they are exercising their regular jurisdiction. All persons except court staff, the accused, their counsel and family members are excluded from such proceedings under sections 149, 150, 151, 152 and 162 of the Child Rights Act which is in force in Abuja. Similar provisions exist in the Child Rights Laws of various States that have domesticated the Act.
It therefore follows that the Police should have charged the ‘underage’ defendants in either Kaduna or Kano under the relevant laws of those States instead of dragging them to Abuja. The trial in Abuja was farcical and contrary to law. It was right and proper that same was discontinued.
Prof Mike Ozekhome, SAN,CON, OFR is a foremost Nigerian lawyer and human rights advocate.
The legal team of suspended Kogi Central Senator, Natasha Akpoti-Uduaghan, say they are ready with factil evidence to defend her in court.
The team received a formal summons in the case filed against her by the Federal Government at the Federal Capital Territory High Court last week.
On Friday, May 16, 2025, the Federal Government filed the suit, marked CR/297/25, over alleged defamatory remarks made during a live appearance on Channels Television’s Politics Today on April 3, 2025.
The government accused the senator of “making imputation knowing or having reason to believe that such imputation will harm the reputation of a person”, citing Section 391 of the Penal Code, cap 89, Laws of the Federation, 1990.
Among the witnesses listed to testify during the trial were Senate President, Godswill Akpabio, and a former governor of Kogi State, Yahaya Bello.
Others include Asuquo Ekpenyong, a senator; Sandra Duru; Maya Iliya, investigating police officers; and Abdulhafiz Garba, investigating police officers.
However, in a statement issued Friday night by Dr. Ehiogie West-Idahosa (SAN) on behalf of the legal team, Akpoti-Uduaghan’s lawyers confirmed receipt of the formal summons and pledged to prepare all “factual and statutory defences” available to the lawmaker during trial.
“At about 2:30pm on Friday, May 23, 2025, within the premises of the Federal Capital Territory High Court, Abuja, we received the information filed by the Director of Public Prosecutions, containing three counts alleging that our client, Senator Natasha Akpoti-Uduaghan of Kogi Central, made imputations she had reason to believe would harm the reputation of Senator Godswill Akpabio, President of the 10th Senate,” the statement read.
“We received the said information on her behalf through a letter of authority duly issued and filed in the court’s registry.
“The legal team will fully prepare and present all factual and statutory defences available to our client during the trial.”
The Federal Capital Territory Administration (FCTA) will on Tuesday next week begin the take over of 4,794 properties in Abuja, including the Peoples Democratic Party (PDP) headquarters, due to unpaid ground rent.
The PDP headquarters, currently under construction in Abuja’s Central Business District, is among the affected properties, having been revoked in March for several years of unpaid ground rent. The FCTA disclosed that 4,794 titles had been revoked for failure to pay ground rent, with some defaults dating back 43 years.
The affected properties are located in various districts, including Central Area, Garki I and II, Wuse I and II, Asokoro, Maitama, and Guzape.
The defaulters owe over N6.96 billion in ground rent. The FCTA had given a 21-day grace period for owners with debts under 10 years, which has now expired.
The FCTA officials announced that the takeover would begin on Monday, May 26, 2025, with the sealing off and restriction of access to the affected properties.
The Director of Land Administration, Chijioke Nwankwoeze emphasized that the revocations were carried out under Section 28(5)(a)(b) of the Land Use Act, which empowers the government to reclaim land when the terms of occupancy are violated.
Two people sustained serious injuries when a training aircraft crash-landed at the Ilorin International Airport on Friday.
Director of Public Affairs and Family Assistance, NSIB, Mrs Bimbo Oladeji, who disclosed this in a statement, said the incident occurred at 17:28 local time on May 23, 2025, during a simulated instrument approach on Runway 05 at Ilorin International Airport.
Oladeji said the aircraft veered off the runway and came to a stop on the grass verge, leaving the two occupants on board injured.
She stated: “Both sustained serious injuries and were swiftly evacuated to a medical facility, coordinated by the Nigerian Airspace Management Agency, NAMA.
“In response, the NSIB Go-Team is currently preparing to depart from Abuja to Ilorin to conduct on-site investigations. The team will secure the site, collect physical evidence, interview witnesses, and retrieve operational data to establish the cause and contributing factors of the incident.”
Quoting the Director General of the NSIB, Captain Alex Badeh Jr., she said “Our thoughts are with the injured, and we commend the swift medical and emergency response. Now, our focus is on understanding exactly what went wrong. Every investigation is an opportunity to improve safety. We are deploying our team to Ilorin to ensure that no detail is overlooked.”
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