…Says rights of protesters to liberty, freedom of expression, peaceful assembly violated
…Warns that arbitrary detention discourages citizens from exercising human rights
The Socio-Economic Rights and Accountability Project (SERAP) has given President Bola Tinubu a 48-hour deadline to ensure the release of all #EndBadGovernance protesters, highlighting the plight of 32 children reportedly detained in poor health conditions.
The call comes in light of growing concerns over human rights violations linked to their detention.
SERAP lamented that the “children” and some other protesters were “detained solely for the peaceful exercise of their human rights.”
In a letter dated November 2, 2024, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation criticised the detention of the children and other protesters, stating they were held “solely for the peaceful exercise of their human rights.”
SERAP urged the president to instruct the Attorney-General of the Federation, Mr. Lateef Fagbemi, to facilitate the protesters’ release and investigate the circumstances surrounding their treatment.
The letter, which was copied to the Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention, Dr Matthew Gillett, urged Tinubu “to direct Mr Fagbemi and appropriate law enforcement agencies to promptly investigate the circumstances surrounding the grave violations of the human rights of the children and other protesters in detention, to identify and bring to justice those responsible, and to ensure justice and remedies for the victims.”
“Direct Mr Fagbemi and appropriate agencies to ensure immediate access to medical treatment for all the protesters, including the 32 hungry and malnourished children, whose health is apparently deteriorating.”
The organisation stated that “bringing charges against children and detaining them simply for the peaceful exercise of their human rights is clearly not acting in the ‘best interests of the child,’” adding that their detention violates “their rights to education.”
It continued, “The apparent ill-treatment of the protesters, including the 32 hungry and malnourished children, has highlighted the appalling conditions in Nigeria’s prisons, which continue to put lives at risk. The ongoing arbitrary detention of the protesters creates a climate of fear, discouraging other citizens from freely exercising their human rights and leading to a broader chilling effect.
“We would be grateful if the recommended measures are taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.
“SERAP is concerned that Nigerian authorities are weaponising the criminal justice system to curtail the rights of the children and other protesters to liberty, freedom of expression, and peaceful assembly. We are concerned that the rights of the protesters to life, health, and safety are being violated in detention. Bringing charges against the protesters and detaining them is neither necessary nor proportionate,” among others.
The Inspector-General of Police, Olukayode Egbetokun, arraigned the defendants on ten counts, including treason, incitement to mutiny by urging the military to remove the president, and other related charges.
However, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to the 76 #EndBadGovernance protesters on Friday, setting a total bail sum of N760 million, with two sureties required for each defendant.
In response to the outcry, Fagbemi expressed his intent to review the case and potentially withdraw charges against the minors.
“It is not within my power to vary the court order remanding the defendants in detention centres,” he clarified, while also instructing the Nigeria Police to transfer the case file to his office for further examination.
“There are some issues my office will need to look into regarding the matter to enable me to make an informed decision.
“It is not within my power to vary the court order remanding the defendants in detention centres and adjourning the case to January. I have, however, directed the Nigeria Police to transfer the case file to my office and hand it over to the Director of Public Prosecutions of the Federation tomorrow, Saturday, November 2, 2024,” he said.