By Ikechukwu Nnochiri
On November 1, 2024, the nation shuddered in palpable disbelief after 32 malnourished minors were marched into the dock of the Federal High Court in Abuja to face charges that bordered on treason.
The children, aged 13 to 17, appeared in court after spending about three months in police detention.
They were among 76 people arrested in the Federal Capital Territory (Abuja), Kaduna, Gombe, Jos, Katsina, and Kano states for allegedly participating in the #EndBadGovernance protests, which lasted from August 1 to 10, 2024.
The proceedings had barely commenced when four of the visibly distressed children slumped inside the dock, a development that caused panic in the courtroom.
The judge abruptly halted the sitting to enable them to receive medical attention.
When the sitting resumed, the prosecution applied to delist the four ailing children from the case and thereafter arraigned the other minors on a 10-count charge that included an allegation that they had attempted to destabilize the country by calling on the military to take over the government from President Bola Tinubu.
The children huddled in the dock during their arraignment; others stood outside the cubicle owing to limited space.
Following their plea of not guilty, trial Justice Obiora Egwuatu granted each defendant bail in the sum of N10 million, with two sureties in like sum.
Part of the bail conditions required one surety to be a Level 15 civil servant, while the court ordered that the second surety must be the parent of the defendant.
The Federal Government intervened after video clips showing unkempt minors scrambling for water and biscuits on the court premises went viral on social media.
The Attorney‑General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, invoked sections 174(1)(b) and (c) of the 1999 Constitution (as amended) and section 108 of the Administration of Criminal Justice Act, 2015, to withdraw the charge originally filed by the police.
The charge was accordingly struck out by the court.
The incident prompted broad public outrage and drew condemnations from the Nigerian Bar Association and the National Human Rights Commission, both of which said it violated the Child Rights Act, 2003.
The case also thrust into the spotlight the plight of children in conflict with the law: the shortage of borstal institutions that forces minors into adult detention facilities, and the persistent lack of legal representation for children from indigent families.
The 32 minors remained in detention until a human rights lawyer, Femi Falana, SAN, volunteered to represent them in court on a pro bono basis.
The Legal Aid Council of Nigeria (LACoN), which is statutorily mandated to provide free, effective, and efficient legal aid to indigent Nigerians, has repeatedly lamented a chronic paucity of funds that hinders its operations.
Determined to ensure free access to justice for juvenile offenders, the United Nations Children’s Fund (UNICEF), on August 10, unveiled a N120 million strategic partnership with the NBA.
The country representative of UNICEF, Wafaa Saeed, said the organization’s decision to partner with the NBA was founded on the principle that no child should be denied justice because of a lack of legal representation.
She said: “This partnership seeks to ensure that children in contact with the law are protected, represented, and supported throughout the justice process, regardless of their background, location, or economic circumstances.
“Across Nigeria, children continue to encounter barriers when interacting with the justice system. Some find themselves in detention without legal representation. Others experience lengthy delays in case management, limited access to diversion opportunities, weak referral systems, and inadequate support services.
“These challenges underscore the urgent need for coordinated action and stronger investment in child-friendly justice systems.
“At UNICEF, we firmly believe that access to justice is not simply a legal issue. It is a child protection issue, a development issue, and a matter of human dignity. Every child, whether a victim, survivor, witness, or child alleged to have committed an offence, deserves fair treatment, due process, and the opportunity to have their voice heard.”
According to UNICEF, the NBA, through its extensive network of legal practitioners in its 130 branches, “can help institutionalize child-sensitive legal representation and establish sustainable pathways for pro bono services across Nigeria.”
Speaking after he signed the partnership deal on behalf of the NBA, the association’s incumbent President, Mazi Afam Osigwe, SAN, said the aim was to ensure that every child can access justice, protection, and effective legal representation when their rights are violated, regardless of circumstance or background.
He noted that despite significant progress the country has made in advancing child rights through legislation and policy reforms, many children continue to face barriers in accessing justice.
“Too often, children who are victims of violence, abuse, exploitation, neglect, trafficking, child marriage, harmful traditional practices, or who come into conflict with the law find themselves without adequate legal support when they need it most.
“For these children, lack of legal representation is a failure on our part. As legal practitioners, we occupy a unique position within society. We are not merely interpreters of the law; we are guardians of justice and defenders of the rights of the most vulnerable.
“The legal profession carries both a privilege and a responsibility to ensure that those who cannot afford legal services are not excluded from the protection that the law provides.
“It is in recognition of the important role lawyers play in promoting social justice in society that those seeking elevation to the prestigious rank of Senior Advocate of Nigeria (SAN) are required to show proof that they have undertaken pro bono legal services for vulnerable or indigent members of society,” Osigwe, SAN, added.
He said the partnership between the NBA and UNICEF seeks to translate that responsibility into concrete action.
“Through this collaboration, we aim to mobilize lawyers across Nigeria to provide quality pro bono legal representation for children, strengthen referral pathways between justice and child protection actors, build the capacity of legal professionals to handle child-sensitive cases, and promote a justice system that places the best interests of the child at its center.
“I therefore call on every branch of the NBA, every law firm, and every legal practitioner to dedicate time, expertise, and resources to providing pro bono legal services for vulnerable children.
“I challenge every NBA branch to establish or strengthen pro bono schemes focused on children. I encourage law firms to dedicate a portion of their professional time to child protection cases.
“Through this partnership with UNICEF, we will work diligently to mobilize lawyers nationwide, strengthen professional capacity, facilitate referrals, and expand access to quality legal representation for the children who need it most,” he added.
On its part, the Nigerian Correctional Service (NCS) lamented the absence of detention facilities for children who come into conflict with the law, disclosing that currently only three borstal homes are available in the country.
An Assistant Controller-General of Corrections, Mr. Debit Timothy, who spoke at the event, disclosed that a total of 1,205 children are presently on remand at the three borstal homes located in Abeokuta, Kaduna, and Ilorin.
He therefore urged the NBA and the Federal Ministry of Justice to champion the campaign for the provision of borstal homes in all the states, or at least one facility in each of the six geopolitical zones of the federation.
Despite the observed shortfalls in the justice system, the AGF, who was represented by the Director of Criminal Justice and Reforms Department in the Federal Ministry of Justice, Mrs. Leticia Ayoola-Daniels, lauded the Federal Government for steps it has taken to strengthen the rights of children.
According to her, Nigeria has already established important foundations through the Child’s Rights Act, 2003, which she said is currently undergoing legislative review to accommodate current realities.
The AGF pledged the Federal Government’s commitment to strengthening the legal and institutional framework for child justice.
Meanwhile, stakeholders lauded the NBA–UNICEF Partnership on Pro Bono Legal Services for Children, describing it as one of the most significant justice-sector interventions in recent years.
An Abuja-based lawyer, Etaba Agbor, Secretary of the NBA Young Lawyers Forum, said the partnership “represents a deliberate commitment to ensuring that children, particularly those from vulnerable backgrounds, have meaningful access to legal representation and protection.”
He said: “At a time when many children in conflict with the law or in need of legal assistance are unable to secure quality representation, this initiative provides a structured framework for lawyers to bridge that gap and strengthen the administration of child justice in Nigeria.
“Another aspect that makes this partnership particularly remarkable is that it invests in both the justice system and the legal profession.
“Through the N120 million Justice for Children Project, lawyers across the country will have opportunities to receive specialised training in child justice, participate in structured pro bono legal services, and contribute to the development of a more child-sensitive justice system.
“This will not only improve the quality of legal representation available to children but will also build a nationwide network of lawyers equipped to handle child-related matters with the competence, sensitivity, and professionalism they require.
“Upon its full implementation, this partnership has the potential to transform child justice in Nigeria and leave a lasting legacy for both the legal profession and the millions of children whose rights deserve protection,” Agbor added.
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