By Ologeh Joseph Chibu
President Bola Tinubu has a constitutional obligation to fund the education of children detained following the October 1 protests.
Human rights lawyer, Mr Femi Falana this weekend said the Nigerian Constitution provides that every child be giveb access to education.
Falana also asked an Abuja High Court to strike out treason charges against children arrested during the October 1 protest.
Falana also filed a notice of preliminary objection.
He wants the Court to “decline jurisdiction in the case.
He also wants an order that the Federal Government pay the school fees of the children till at least senior secondary school or university level.
Femi Falana, SAN, application at the Federal High Court in Abuja asks the Federal Government to release the underaged children who were accused of treason by the Nigerian government.
Falana in a statement made available to Irohinoodua said the Federal Government should fund the education of the children as provided for in the constitution.
Falana also asked the Court to “decline jurisdiction in the case and for an order mandating the complainant to pay their school fees till at least senior secondary school or university level.”
This request, Falana is in line with “Section 18 (3) (a) (b) (c) of the 1999 Constitution, Section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter.”
Falana said the Federal High Court “lacks the jurisdiction to try them by virtue of Section 251 of the 1999 Constitution,” stressing that, under “Section 204 of the Child’s Rights Act, they can only be subjected to the child justice system.”
He said the children “cannot be tried with adults in a formal adult court.”
His position was informed by local and international laws which states the defendants’ rights to protection under juvenile justice laws, while also stressing the government’s duty to fulfil its educational commitments to Nigeria’s youth.
Falana stated “The defendants in the ongoing trial instituted by the Federal government against some children for allegedly taking part in the August protest tagged Endbadgovernance has filed a notice of preliminary objection, asking the learned trial judge to decline jurisdiction in the case and for an order mandating the complainant to pay their school fees till atleast senior secondary school or university level in compliance with Section 18 (3) (a) (b)(c) of the 1999 Constitution, section 15 of the Child’s Rights Act, Section 2 of the Universal Basic Education Act, Article 17 of the African Charter.”
The Court presided by Justice Obiora Egwuatu, had on Friday granted bail to the 76 protesters
Adult detainees are to pay N10 million bail while parents if minors were to take their children on bail.