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April 21, 2011

Group condemns remand of 13-yr-old boy in prison

By Innocent Anaba
Legal Defence and Assistance Project, LEDAP, yesterday, condemned the trial, denial of bail and indefinite remand of a 13-year-old boy, Precious Efurueze, in Owerri federal prison, pending the conclusion of the charge against him before Magistrate V. Isiguzo of Imo State Magistrate Court.

LEDAP in a statement by its National Coordinator, Mr Chino Obiagwu, said “we view this as a flagrant affront to the various provisions of the law on criminal liability of juveniles (and young persons) as well as statutory safeguards for trial and remanding of juveniles in Nigeria, particularly the Child Rights Law of Imo State.”

He noted that a 13-year-old boy, Precious Efurueze, was among 18 people accused of allegedly attempting to kill former President Olusegun Obasanjo and governor of Imo State, Ikedi Ohakim, on March 31, 2011, by stoning their campaign convoy with sachets of pure water.

He said: “At the court session on April 13, 2011, the presiding Magistrate, V.C Isiguzo, while delivering ruling on the application for bail for the accused, explained that her court has no jurisdiction on two of the charges as they are offences punishable with life imprisonment. Mrs. Isiguzo, however, turned down the accused person’s application for bail until the conclusion of the substantive suit. The case was further adjourned to May 30, 2011.

“We are concerned about the plight of a 13 year old boy in prison in the midst of notable international instruments, conventions and laws, including the Child Rights Law of Imo State that now incorporates the norms of the UN Convention on the Rights of the Child.

“We therefore call on the Chief Judge of Imo State to wade into this matter in the interest of justice, rule of law and the protection of the right of this young detainee. In the event where Master Precious Efurueze is not release on bail, our organisation will pursue damages on his behalf for unlawful prosecution and unlawful detention, and may proceed personally against the police, prosecutor and the magistrate.

“The charge is spurious and smacks of persecution rather than prosecution. It is not imaginable that ‘throwing of sachet water on the convoy of cars’ would amount to attempted murder. We hereby give the Chief Judge of Imo state seven days to discharge Precious Efurueze of the current charges and direct that he be treated in the family court,” the organisation added.

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