•Another adjournment in Du Merci Orphans Case raises equality concerns compared to Walida’s case

By EMMANUEL OGEBE

We note with appreciation that the Kano State Attorney General has withdrawn the court application seeking to bury the late orphan David Solomon Tarfa, who died in their custody, as a Muslim. This action somewhat mitigates the tragedy of the 13-year-old’s untimely death at Nassarawa Orphanage in violation of a court order for his release back to the Du Merci orphanage.

However, grave concerns persist.

Proceedings over the release of the remaining Du Merci children, who have been in state custody since 2019, have once again been adjourned from today to April. This continues a pattern of repeated delays in a case where a subsisting High Court consent judgment ordered the return of these children a year ago this month.

The continued relitigation of a final court judgment creates procedural obstructions that undermine both justice and the best interests of the children.

The Contrasting Cases of Walida and the Du Merci Children

In contrast, we are witnessing vigorous and prompt action in the case involving 22-year-old Walida Abdulhadi. In that matter, a Magistrate Court issued an arrest warrant for the Department of State Services (DSS) officer allegedly romantically involved with her.

The public attention and swift legal action in Walida’s case including arrest of a security operative for a relationship between consenting adults solely because he was Christian stands in stark contrast to the apparent inertia and repeated disobedience of the Du Merci orphans handover order, where the children in question were wrongly taken from a legitimate orphanage.

In the late David’s case, supporting documents proving his proper commitment to Du Merci orphanage exist.

Why must one case be Fast-Tracked while the other Left Behind? Selective urgency in the application of the rule of law, particularly where the rights of children are at stake, is destructive and doing so for religious reasons is unconscionable.

Child Rights, Judicial Compliance and the Rule of Law

Nigeria’s Constitution and international child-rights obligations stress:

•The best interests of the child as paramount in all decisions affecting minors;

•The right of every child to timely and effective judicial remedy.

The Death of David and the Need for Accountability

David’s death on 28 January after reportedly suffering serious illness without appropriate medical care while in STATE CUSTODY, magnifies the negligence, need for timely, transparent, and child-centred resolution of the remaining issues. The circumstances of his passing warrant a thorough investigation and should not be compounded by avoidable procedural delays.

Call for Expedited Justice and Equal Application of Law

We respectfully call for:

•An expedited hearing in April of the contempt of court proceedings against Kano’s commissioner of women’s affairs for continuing detention of the kids

•Full compliance with the existing one year old Kano State High Court consent judgment ordering their release;

•Prioritisation of the welfare and best interests of the remaining orphans;

•Transparent investigation into the circumstances surrounding David’s death.

•Emmanuel Ogebe, ESQ is of US NIGERIA LAW GROUP.