We will be presenting a synopsised dialogue between two nameless acquaintances in this piece. One will be referred to as anonymous while the other, who is a lecturer in a Nigerian public university, will assume the pseudonym Acada. Anonymous touches on issues that may sound critical of lecturers and players in the administration of Nigeria’s public higher educational institutions while Acada tries to provide other personal opinion.

It is important to allow for discussants’ right to personal opinion irrespective of reader’s own. In any case, these public tertiary educational institutions call for serious internal sanitation. Read on:

Anonymous: There’re some things I’d liked us to discuss the last time we talked but for inadequate time.

Acada: Oh! Is that so? Alright, let’s create some time for a chat. What’s it? I’m all ears! Tell me about it!

Anonymous: It’s about some of your views. I hope you won’t be angry to hear my perspective on them?

Acada: Why’ll I be angry since you won’t be aiming at rattling my cage as wazzocks purposely try to do?

Anonymous: I won’t make you angry on purpose but my thoughts may cause you a slight inconvenience!

Acada: There’s no problem! Go ahead, let me hear you! That’s why we’re friends; or aren’t we anymore?

Anonymous: We’re still! OK! Why’s it that those of you referring to yourselves as scholars in Nigeria’s higher educational institutions proffer solutions to societal challenges but find it difficult to solve yours?

Acada: I don’t think I do understand that your last statement; please, can you make yourself clear to me?

Anonymous: Chuo! See your face o! We neva start the discussion proper you don dey vex squeeze face?

Acada: Me? I dey squeeze face? For wetin? Na you dey think so o! Nor look “Uche” face o, just talk am!

Anonymous: OK! Look at you lecturers – members of the Academic Staff Union of Universities, ASUU – have started mobilising for a strike! You’re in the news again for it – as always! Why’s it that when you disagree with governments, that’s the only thing you resort to? Can’t you find other means, apart from strike, for resolving differences with governments? See, people now derogatively call lecturers “strikers”!

Acada: Thank you so much for those frequently asked questions! First of all, strike isn’t the first and only action taken when ASUU disagrees with governments; all the strikes you’ve seen in public universities have been the last resort when other good efforts by well-meaning people failed, as programmed by those benefiting from such failure! This is one of the reasons why ASUU asked people like you to offer sustainable alternative(s) to strike in dealing with the kind of governments we’ve been having in Nigeria. Yet, no one that I know has been able to provide any new idea except the rehash of pedestrian suggestions we’ve been used to over the years! To the best of my knowledge, ASUU as a union of intellectuals has done everything – except to bribe civil servants and politicians – in order to avoid labour disputes in these universities that’re depreciating to unrecognition while retaining university only in their names! I think, from now on, ASUU should constantly publicise its stressful efforts at preventing labour crisis in these universities, especially the ones made to fail by whomever; the public should know! This, I think, will assist ASUU’s image by showing that it isn’t a strike-monger as you people want the public to believe!

Anonymous: All the unions have always been complaining that public universities are poorly funded but state and federal governments claim that they make sizeable amount of funding available to you people! They also claim that you generate revenue in these institutions but corruption “swallows” these monies!

Acada: Firstly, I expect you to know that public universities aren’t “revenue” generating entities in countries like Nigeria. If you expect this from them as they’re, today, you must be joking because they don’t have the wherewithal for such! Apart from this, if it’s true that corruption has been “swallowing” funds made available to, or generated by, public universities; don’t the governments know who to ask questions from? Can’t these governments take necessary action(s)? In fact, this nonsensical buck-passing is satanic! If there’re people stealing public resources in these universities, civil servants and those in governments are much likely to be the enablers! If they’ve made resources available to these institutions but are frittered away or stolen, are governments supposed to sit idle without asking questions from those administering the institutions? You people always make it look as if the university monetary resources are jointly managed by University Administrations and ASUU! That’s completely incorrect! This is why it is annoying when you say so-and-so funding was made available to “you people”! Which “you people”?

Anonymous: I’m still unconvinced by your comments about under-funding in public universities! How d’you want me to believe it with the way those administering these universities live unexplainable ostentatious lifestyles the way Nigerian politicians do? For instance, have you taken note of the types of vehicles your people buy for official purpose? D’you know how much these vehicles cost? What about monies spent on fuelling and maintaining them? Many of them move in convoy on campuses! I’ve seen them in social gatherings displaying affluence, sometimes outcompeting politicians you always criticise! When I see things like these, I wonder why and how you want me to believe the under-funding narrative.

Acada: You may be correct on some of your observations but not all. Yes, I agree that these institutions like others require cleansing in certain areas. Even so, there’re still some administrators that are prudent with public money; but sincerely, they’re fast depleting in number! We know them! You should also try to know them by their fruits! As I said elsewhere, Nigerian society is strongly dictating warpedness to these higher educational institutions! The “gown” is no more shaping the “town”! It’s now the reverse! Hardly will you be able to distinguish between “town and gown” now; they’ve fused together! I’m perfectly aware that this opinion of mine isn’t “politically correct”. However, I’m convinced that I owe the society my “truth”. Owing to the nefarious propaganda mills, I know it really ain’t your fault; you’re just being sucked in by misinformation of governments and other enemies of academics/scholars in Nigerian public universities! Irrespective of your earlier observations, what’ve you people done concerning the warped “Nigerian system” that allows for what you’ve just criticised? If you’ve opportunity will you be different?

Anonymous: Give me an opportunity; I’ll be different! If you don’t try me, you mayn’t be able to verify!

Acada: It’s alright! Time to assess you will come but I’ve heard what you’ve just said from other people!

Anonymous: I’ll like to have your opinion on why you think those in governments are almost always at loggerheads with you people in higher educational institutions most especially the (public) universities.

Acada: That’s a question I’d had to ask, too! I’ll limit my response to an aspect of deliberate educational underdevelopment of a people by its mediocre quality political elite. What I mean here’s that Nigeria is now saddled with a political class dominated by people with poor quality minds unable to function in a society run on intellectualism and enlightenment! They’re excellent at purveying nescience! Darkness, in terms of ignorance, favours their continuous existence and relevance! Someone said darkness doesn’t exist; it’s the absence of light! So, why’re you expecting them to encourage those bringing light to expel darkness? Proper education expels ignorance that these poor quality minds bask in! To worsen the matter, most of those in Nigerian governments are comprador bourgeoisies to the (western/eastern) imperialists. There’re well-articulated imperialists’ structures; some are in the form of (money-lending) ‘Shylock’ institutions like the World Bank and International Monetary Fund (IMF). Let me conclude my thoughts by quoting from what Omotoye Olorode puts in his book as ASUU’s long-time candid observation concerning what I’m trying to communicate to you here, “…..ASUU concludes that it is ultimately the desire [of the World Bank, IMF, their allies and agents] to wrest control of the most populous and potentially wealthiest African nation from its people. In every nation, the educational system is an expression of the national ideal……the World Bank [IMF and its allies and agents] know(s) that by the taking control of Nigerian universities, it can control the pace and direction of Nigeria’s development…..”

Anonymous: Wait! Before concluding your thoughts, I want to ask you why some scholars always blame some nebulous “imperialists” for Africa’s problems. For me, Africans (Nigerians) are their own problem! For instance, Nigeria has been independent since 1960; then, why’re you still engaging in blame shifting?

Acada: Yes, it’s true that Africans are part of their own problems; I agree that Africans haven’t been able, or have refused, to solve these problems! It’s unfortunate! It’s shameful! Yet, it has deeper roots than that! The roots are anchored in history! It has a lot to do with the about 400 years of African slave trade that started in the 15^th century lasting through the 19^th century! It also has to do with the over 50 or so years of institutionalised British colonialism of Nigeria. Don’t get me wrong; I’m not engaging in any type of escapism especially with the fact that slavery also existed in Europe since at least as far back as Mycenaean Greece, so also was the various types of colonialism there; meaning that the Europeans also enslaved and colonised themselves in the past! By and large, morality may be argued but slave trade and colonialism – as means of production – were about business and capital accumulation! I strongly agree that “…..the aim of capitalism is to amass capital by a few who have the knowledge and wherewithal to so do…..” While European slave trade ended within Europe around the 15^th century, it was about that time that it was started in the West African coasts! What I’m trying to say is that we must be truthful to ourselves about our history and where we might have got things wrong. Either African (Nigerians) like it or not, their relationship with the imperialists, I earlier alluded to, will be influenced by politico-economic factors! I’ll finally conclude by using the words of Eric John Ernest Hobsbawn (1917–2012) to assert that imperialists are “…..governed by the first commandment of….. [the late 18^th/early 19^th century], to buy in the cheapest market and to sell in the dearest…..and providing an export surplus which helps [them] to secure capital imports….. [in] a world market largely monopolised by a single producing nation…..”

Prof. Erakhrumen teaches at the Department of Forest Resources and Wildlife Management, University of Benin, Benin City, Nigeria.

In the wake of Nigeria’s #EndBadGovernance protests, which turned violent and demanded greater accountability, several teenagers largely arrested from Northern Nigeria are now facing trial.

These minors, according to government allegations, participated in actions deemed treasonable, which included waving foreign flags and calling for a military takeover of the government.

The situation has sparked widespread debate regarding the appropriateness of subjecting minors to trials on charges as severe as treason.

Nigeria’s constitution defines treason as any act aimed at overthrowing the government or subverting state authority. Under the Criminal Code Act and Penal Code Act, treason carries severe penalties, including life imprisonment or even the death penalty in extreme cases.

The government argues that the actions of these minors waving foreign flags and calling for military intervention constitute treason.

However, such charges require evidence of clear intent to subvert the government. The severity of the charge has raised questions about whether teenagers fully understood the implications of their actions, given that many may have participated in the protest without comprehending its political consequences.

Nigeria’s legal system provides specific protections for minors, defined as individuals under 18, under the Child Rights Act (CRA) and Child’s Rights Law.

These laws emphasize rehabilitation and reintegration over punishment for minors involved in criminal activities, aiming to guide young offenders back toward positive contributions to society.

The CRA requires that minors be tried within the juvenile justice system, which ensures confidentiality, considers the child’s age and circumstances, and generally prohibits harsh penalties. While the CRA has not been adopted by every state, its principles reflect Nigeria’s commitment to the welfare of minors.

As a signatory to the United Nations Convention on the Rights of the Child (CRC), Nigeria is obligated to treat minors in ways that prioritize their best interests, focusing on rehabilitation rather than punishment.

Article 40 of the CRC underscores that children in conflict with the law should be treated in a manner that fosters their reintegration and constructive role in society.

The CRC further emphasizes that children should not be deprived of liberty except as a last resort and for the shortest possible time.

Nigeria’s obligations under the CRC highlight the need for alternatives to punitive measures in cases involving minors, even if their actions are deemed unlawful.

Furthermore, the trial of minors on charges of subversion or treason has precedence in various countries, with each case offering valuable lessons on the importance of proportionate responses.

During and after the Gezi Park protests in 2013 and subsequent anti-government demonstrations, Turkey prosecuted a number of minors under terrorism and anti-state laws. Some teenagers were accused of inciting violence or being involved in plots against the state. Although Turkish law has provisions for juveniles, some minors faced serious charges in adult courts under anti-terrorism legislation.

In the United States, there have been instances where minors in the United States were charged with serious offenses for participating in political protests. For example, during the Black Lives Matter protests, some teenagers were arrested on charges like rioting, incitement, or even terrorism in specific cases. However, these cases typically moved through the juvenile justice system, focusing on rehabilitation over punitive measures.

In Hong Kong, China, during the 2019 pro-democracy protests, authorities charged minors with offenses related to national security. While some faced detention, many were later given probation or community service, with Hong Kong’s courts considering their age and level of involvement.

In Iran, following recent anti-government protests, Iranian authorities arrested minors, charging them with sedition or threats to national security. The international community condemned these actions, emphasizing that minors’ involvement in politically motivated activities should not be grounds for harsh penalties without due process.

In light of both national laws and international standards, Nigeria can adopt 3 measures to handle this sensitive case in a manner that aligns with legal standards and the best interests of minors.

1. Prioritize Juvenile Courts and Diversion Programs. Given the age of the alleged offenders, trials should be conducted within the juvenile justice system, which focuses on rehabilitation.

2. Consider Lesser Charges. Rather than pursuing treason charges, which carry extreme penalties, the government could consider charges such as unlawful assembly or disturbing the peace. This would acknowledge the importance of upholding the law while also recognizing that minors may not fully grasp the consequences of their actions.

3. Involve Community-Based Programs. Drawing on Nigeria’s tradition of community support and youth development, the government could involve community leaders, families, and NGOs in addressing minors’ grievances. Programs focused on civic education and conflict resolution could help these minors understand their rights and responsibilities in a way that promotes constructive future engagement.

In conclusion, the ongoing trial of minors in Nigeria over their alleged participation in the #EndBadGovernance protests reflects a complex intersection of law, politics, and children’s rights. While the government is obligated to maintain order, it must also uphold Nigeria’s commitments to protecting minors under both national law and international conventions.

By considering the age and understanding of the accused, focusing on rehabilitation, and potentially downgrading charges, Nigeria can handle this case in a manner that respects its legal obligations while addressing public order. Drawing lessons from other countries, Nigeria has an opportunity to demonstrate leadership in upholding the rights and welfare of children in politically sensitive situations.

Hamzat is the Executive Director of Foundation for Peace Professionals