Opinion
A Call for Compassionate Justice: The Case of Minors Charged with Treason in Nigeria
The trial of minors charged with treason for their participation in the #EndBadGovernance protest has ignited significant debate across Nigeria, raising questions about free expression, youth dissent, and the responsibilities of leadership.
These young protesters, reportedly as young as 12, carried a Russian flag and chanted slogans calling for foreign intervention—a symbolic act that has led to serious legal consequences. Critics of the minors’ arraignment have often trivialised their actions, dismissing their calls for Russian President Vladimir Putin to “rescue” Nigeria as mere folly.
However, one doubts if critics would argue same way if the suspects were full grown adults not malnourished minors. Regardless of age the mere act of brandishing Russia’s flag and calling on Putin to rescue Nigeria is ordinarily provocative. However, do those dual actions meet the legal threshold for treason under Nigerian law?
Incidentally, the Attorney General of the Federation (AGF) and Justice Minister, Prince Lateef Fagbemi (SAN) has intervened, requesting the police case file amid growing public concern. His prompt response has been praised by civil society groups, including the Make A Difference Initiative (MAD), which advocates for the rights and welfare of marginalised communities in Nigeria.
The organisation emphasises the importance of a compassionate review of the case, underscoring that these minors are not criminals but rather victims of a broader societal failure. In a statement, MAD remarked, “We must address the conditions of poverty and lack of opportunity that lead young people to these extremes. The solution is in reform, not repression.”
Therefore, the AGF’s review presents a crucial opportunity to adopt a compassionate approach. By recognising that these minors are products of failed leadership and systemic neglect, Fagbemi (SAN) can demonstrate a commitment to justice that prioritises rehabilitation over punishment. The harsh reality is that these children are already facing dire circumstances—hunger, lack of education, and limited skills—which have contributed to their involvement in protests.
To prosecute them for the offence of treason would surely be an overkill and seemingly foist a double jeopardy upon them: they are both victims of neglect by society and government and now face the potential of punitive legal action. Where is the place of restorative justice for a vulnerable group that have since been hard done by?
Under Nigerian law, treason is defined as an intentional act that threatens the sovereignty and stability of the state.
This writer argues that the actions of these minors do not meet this threshold. The mere act of waving a foreign flag, while provocative, cannot and should not be construed as an attempt to subvert the nation’s sovereignty. Instead, these acts should be understood as a desperate cry for help from a generation disillusioned by the status quo.
The legal framing of their actions highlights the need for a nuanced understanding of youth dissent in Nigeria. Rather than treating these minors as criminals, the justice system should acknowledge their grievances and the socio-economic context that has driven them to protest.
The Make A Difference Initiative advocates for addressing these underlying issues rather than penalising the symptoms of a broader societal malaise.
Former Senator Shehu Sani’s recent commentary on the state of the North provides crucial insight into the frustrations driving youth protests. He emphasises the need for self-reflection and accountability within the region, noting that many challenges—ranging from poor educational opportunities to systemic poverty—are rooted in internal dynamics: “Eighty per cent of our problem is ourselves and not anyone outside of ourselves.”
Sani’s critique serves as a powerful reminder that the issues affecting young people in northern Nigeria cannot be divorced from the socio-political failures of past leaders.
As he points out, these minors are not just protesting against the government; they are reacting to a lifetime of neglect and systemic injustice.
As Nigeria’s Chief Law Officer, Prince Fagbemi (SAN) reviews the case against these minors, he has a golden opportunity to redefine the government’s approach to youth activism in Nigeria. The Make A Difference Initiative strongly advocates for treating these children with empathy, viewing them not as criminals but as products of a society that has failed to meet their basic needs. The potential prosecution of these minors threatens to deepen their sense of generational alienation, yet it also provides an opportunity for the government to reconsider its strategies.
Rather than perpetuating a cycle of punishment, the administration has the chance to adopt a balanced “carrot and stick” strategy—offering support and guidance while maintaining accountability.
This dual approach could serve as a catalyst for much-needed reform, fostering an environment where young people feel heard and empowered to effect change, all while remaining aware of the consequences of their actions.
Justice Chukwudifu Oputa, JSC, aptly remarked, “It is good to have the strength of an elephant, but wise to use it as gently as a dove.” This wisdom underscores the importance of exercising power with compassion and understanding, particularly towards the youth. By prioritising rehabilitation and support for these minors while ensuring accountability, the government can foster a more constructive dialogue with its young citizens, acknowledging their grievances and addressing the socio-economic conditions that drive them to protest.
By considering the voices of organisations like the Make A Difference Initiative, Amnesty International and heeding the call for compassionate justice, the AGF can help chart a new course for Nigeria—one that prioritises the well-being of its youth and acknowledges the systemic challenges they face. The message is clear: justice for these minors requires a holistic approach that addresses the root causes of their actions, paving the way for a brighter and more equitable future for all Nigerians.
Lemmy Ughegbe, Ph.D. is a journalist, Child Rights Advocate and Executive Director of Make A Difference Initiative (lemmyughegbeofficial@gmail.com)
Opinion
Tax Reforms Bill: Addressing Legacy Laws, Streamlining Administration, and Balancing Derivation Concerns
By Yisa Usman FCA, FCTI
The proposed tax reforms mark a transformative moment in Nigeria’s fiscal evolution, focusing on modernization and addressing challenges rooted in outdated pre-colonial tax laws and redundant systems that burden businesses and individuals. These reforms aim to streamline tax administration and improve Value Added Tax (VAT) processes, providing a pathway toward equitable revenue distribution and fiscal decentralization. However, while the potential benefits are substantial, addressing significant challenges and equity concerns is critical to ensuring the reforms achieve their objectives.
A comparative analysis of Nigeria’s tax system against those of countries like Kenya, the United States, and other nations with comparable political structures reveals stark disparities that emphasize the critical need for reform. These nations have leveraged robust tax frameworks to achieve significant economic growth, foster local economic activities, and ensure a more equitable distribution of national resources, outcomes that starkly contrast with Nigeria’s performance. In Nigeria, outdated legislation, inadequate tax assessment and recovery system, and systemic corruption have created inefficiencies and exacerbated inequalities. The lack of effective mechanisms to optimize tax revenue further hampers the nation’s fiscal sustainability and economic competitiveness, making comprehensive reform an urgent necessity.
Nigeria’s reliance on antiquated tax laws has long hindered administrative efficiency and equitable resource allocation. These reforms seek to modernize the tax framework, aligning it with global best practices to foster economic development and decentralization. Key objectives include streamlining administration to eliminate duplicative tax practices, centralizing data to enhance accuracy in tax derivation and remittance, and empowering states to take greater responsibility for revenue generation and allocation, in line with the principles of fiscal federalism.
The proposed increase in derivation weight from 20% to 60% introduces a dual-edged dynamic. On the one hand, it incentivizes states to boost local economic activities and align revenue allocation with consumption patterns. On the other hand, it raises concerns about exacerbating existing inequalities, with states like Lagos, Ogun, Rivers and Kano poised to benefit disproportionately due to their robust economic bases, while resource-poor states may face disadvantages.
The reforms are supported by compelling arguments, including their potential to decentralize economic development by motivating states to leverage local resources and attract investments. The allocation of a larger revenue share to states promises improved infrastructure and public services, particularly in states that prioritize economic growth. Additionally, by leveraging technology to track consumption patterns, the reforms should enhance transparency and fiscal responsibility.
Nonetheless, the reforms face significant challenges. A heavy reliance on derivation risks marginalizing less affluent states, deepening socio-economic disparities. The reforms’ implementation will require extensive data collection and systemic upgrades, posing logistical and financial challenges. Furthermore, the reduction in population-based allocations from 30% to 20% could generate social and political tensions in densely populated states struggling to meet citizens’ needs.
To balance these opportunities and risks, several recommendations are essential. First, the derivation weight increase should be phased in, starting with a modest adjustment from 20% to say 30%-40%, allowing states and corporations to adapt gradually. Second, a centralized, dynamically updated tax database is critical for accurate derivation tracking and dispute reduction. Third, a revenue equalization mechanism, such as a stabilization fund, can support economically weaker states during the transition. Fourth, capacity-building initiatives should equip state tax authorities with the necessary skills and resources to manage the new system effectively. Fifth, standardized procedures for VAT collection, derivation tracking, and dispute resolution should be established to ensure consistency across states. Finally, fostering public engagement with stakeholders, including state governments, businesses, and civil society, will promote transparency, address concerns, and build collective ownership of the reforms.
These reforms not only resolve immediate administrative inefficiencies but also lay the foundation for a more equitable and sustainable fiscal system. By addressing pre-independence legacy laws and fostering economic accountability, Nigeria has an opportunity to position itself for inclusive growth, ensuring all states contribute to and benefit from national development. However, achieving these outcomes requires a careful balance between incentivizing derivation-based revenue sharing and providing mechanisms to support resource-poor states. With a focus on equity and efficiency, the reforms can establish a tax system that empowers businesses, strengthens states, and improves the living standards of citizens across the federation.
Yisa Usman is a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN), a Fellow of the Chartered Institute of Taxation of Nigeria (CITN), and a doctoral candidate at the Nigerian Defence Academy, Kaduna
Opinion
EFCC vs Bello: Trivialising corruption allegations
By Ehichioya Ezomon
In my November 18, 2024, article entitled, “That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit it? Who sponsored it?” I held that snapets from the Economic and Financial Crimes Commission (EFCC) moves to investigate, arrest, detain and prosecute ex-governors “are telegraphed a few months or weeks before they bow out of office,” so giving them the jitters to “either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.”
I however observed that lately, the anti-graft agency’s threat against former governors “has become mostly academic, and the norm rather than the exception,” adding that, “it appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting.”
Former Governor Yahaya Bello of Kogi State has mostly proved these assertions right, even as he finally presented himself to the EFCC for “arrest and detention,” and arraignment and prosecution for alleged looting of Kogi’s resources during his eight-year tenure in office (2016-2024).
For months, Bello’s engaged in a hide-and-seek, only to suddenly show up at the EFCC headquarters in Abuja on September 18, and yet wasn’t booked, interrogated, or detained – as he’s on the wanted list of the agency and the courts – but with the commission reportedly asking him to leave and come back at a later date. Why?
EFCC’s intel reportedly indicated that Bello’s prepared for a showdown, having allegedly stormed the premises with armed details. Thus, the authorities tactically allowed him to while away for hours in one of the offices. Indeed, EFCC’s later efforts that night to arrest Bello at the Kogi State Government Lodge in Asokoro, Abuja, were allegedly thwarted by his armed guards.
Bello, facing a couple of EFCC’s alleged fraudulent cases in courts in Abuja, continued in his disappearing act, while the commission failed in its attempts to force his trial – in absentia – before Justice Emeka Nwite on October 30 at the Federal High Court in Abuja, where Bello’s facing a 19-count charge for alleged laundering of N84bn.
But on November 26, Bello – billed for arraignment since April 2024 – reappeared at the EFCC headquarters in Abuja, and this time, the agency “detained” him overnight in the facility he’d avoided for months, as he shunned invitations and court summons to answer for his alleged looting of resources during his governorship of ‘The Confluence State’.
And on November 27, the EFCC arraigned Bello and two others – Shuaibu Oricha and Abdulsalam Hudu – before Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on a 16-count charge for conspiracy, criminal breach of trust and possession of unlawfully-obtained property, amounting to N110.4bn.
After some legal fireworks over bail for the three defendants between the lead counsel for the accused, Joseph Daudu (SAN) and the EFCC, Kemi Pinheiro (SAN), Justice Anenih adjourned ruling on the application to December 10, and directed that the defendants should remain in the EFCC custody.
This notwithstanding the EFCC administrative bail granted to Oricha and Hudu, which Pinheiro argued had expired in October, but with Daudu pointing to a fresh application of November 22, based on the fact that the defendants deserve their liberty on the presumption of innocence until they’re proven guilty, as alleged.
Meanwhile, Bello certainly was in a celebratory mood when – for the first time in over seven months of a cat-and-mouse game with the EFCC – he’s docked for the alleged N110.4bn theft of Kogi’s resources. Dressed in a pair of contact lenses, and a light sky-blue attire, Bello, amidst a throng of aides and political associates, walked energetically through the expansive premises and into the courtroom of the FCT High Court.
As he covered the distance from the parking lot to the courtroom, Bello’s all smiles – as he turned right and waved with the right hand, and then turned left and waved with the left hand – to acknowledge greetings and cheers from his supporters, many of whom sandwiched him into the court, where he continued to return courtesies even while in the dock to plead not guilty to the charges preferred against him.
Perhaps to Bello, his arraignment was a moment to savour, and bask in the frenzy of journalists and EFCC’s operatives scrambling to capture and record his every posture and every gesture as evidence, and for prime-time broadcast and publication in the mainstream and online media.
A similar scenario played out on November 29, at the Federal High Court in Abuja, where Bello couldn’t take his plea, and had to “stand for himself” in the absence of his lead lawyer in the suit, Abdulwahab Mohammed (SAN).
With well-armed security operatives falling over themselves to dominate the court premises, Bello, with a more somber mien this time, and accompanied by aides, supporters and operatives of the EFCC, still walked briskly into the courtroom, with the door quickly closed behind him.
Once inside, as reported by PUNCH ONLINE, Bello told trial Justice Emeka Nwite that he won’t take any plea, as he’s only made aware of his arraignment in the night of November 28, and couldn’t get across to his lawyer, Mohammed (SAN). This prompted the judge – in the interest of fair hearing – to order that Mohammed be put on notice for the adjourned date of December 13, and for Bello and his co-defendants to be reminded in the EFCC custody.
The EFCC lawyer, Pinheiro (SAN), attempted to convince Justice Nwite to commence the trial without Bello’s counsel, arguing that, “What the law requires is the presence of the defendant, not the presence of his lawyers.”
This was reportedly a rehash of a similar argument at the sitting on October 30, when Pinheiro requested that the court proceed with the trial. Noting that two witnesses were present and ready to testify,” Pinheiro suggested that the “court enter a plea of not guilty on Bello’s behalf and commence the trial.”
But as in that prior instance, the judge turned down Pinheiro’s entreaty on November 29, citing Bello’s right to a fair hearing, and reminding the EFCC lawyer that, at the October court session, the matter was adjourned to January 21, 2025.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s (November 29) date. In the interest of fair hearing, I will not proceed for arraignment,” Justice Nwite said.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel,” the judge added.
After the court waited for 45 minutes, “but with no sign of the defence counsel,” Justice Nwite adjourned the matter, directed that Bello remain in the EFCC custody until the next hearing on December 13, and granted Pinheiro’s application for “new date hearing motions and possible arraignment to be served on the defendant’s counsel.”
As the clock ticks towards December 10 at the FCT High Court, and December 13 at the Federal High Court both in Abuja, will Bello and his co-defendants get a bail reprieve, or be further remanded in the EFCC custody, or sent behind bars at one of Nigeria’s capital city’s jail houses, to spend the Yuletide season there? Such would be a canny experience the ex-governor had fought strenuously for months to avoid!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. Can be reached on X, Threads, Facebook, Instagram and WhatsApp @EhichioyaEzomon. Tel: 08033078357
Opinion
Nigeria’s Economic Paradox: A Growing GDP Amidst Widespread Suffering
By Chief Ameh Peter
The National Bureau of Statistics (NBS) recently reported that Nigeria’s GDP grew by 3.46% in the third quarter of 2024. At first glance, this appears to be a promising sign of economic progress. However, the harsh realities on the ground paint a vastly different picture. Widespread hunger, inflation, unemployment, and deteriorating infrastructure reveal a nation grappling with severe economic distress.
The contrast between these glowing statistics and the lived experiences of Nigerians is stark. National grid collapses have become routine, and the condition of roads continues to worsen, with potholes increasing by 100%. Meanwhile, the naira’s value plummets, eroding the purchasing power of ordinary citizens. These realities starkly contradict the optimistic narrative suggested by the NBS figures.
As Benjamin Disraeli aptly put it, “There are three kinds of lies: lies, damned lies, and statistics.” This sentiment rings true in Nigeria’s case, where the government’s reliance on statistical data obscures the suffering of its people. The reported GDP growth is, in reality, a statistical mirage that conceals systemic failures.
At the heart of Nigeria’s economic challenges lies a deeply flawed political system. This system enables incompetent and dishonest individuals to manipulate the electoral process, ascend to power, and perpetuate a culture of corruption, cronyism, and mismanagement. These issues have stifled genuine economic progress and development.
To address these challenges, Nigeria must embark on comprehensive economic reforms focused on transparency, accountability, and good governance. Cost-cutting measures and investments in critical infrastructure—such as roads, electricity, and healthcare—are essential to creating an environment conducive to sustainable economic growth. No country can prosper without reliable power and infrastructure.
Nigeria’s economic paradox serves as a sobering reminder of the urgent need for reform. It is imperative to end the election of incompetent leaders and prioritize national interest over personal gain. The government must move beyond statistical manipulation and focus on fostering an economy that benefits all Nigerians. Only through such genuine efforts can the promise of economic growth become a reality for everyone.
Chief Ameh Peter is the
National Secretary, CUPP
Former National Chairman, IPAC and
Ex-Presidential Candidate
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