The African Commission on Human and Peoples’ Rights (ACHPR) has called on President Bola Tinubu’s Nigerian government to examine the circumstances surrounding the unlawful detention of minors arrested during the #EndBadGovernance protests in August.
This is in response to widespread public outrage and international criticism of President Bola Tinubu Regime’s arraignment of 119 #EndBadGovernance protesters in court, many of whom were minors.
These individuals, who had participated in demonstrations calling for an end to corruption and bad governance in Nigeria, were detained for three months before being formally charged with treason and other offenses.
Viral videos and reports had previously drawn attention to the plight of these young protesters, raising concerns about their unlawful detention and the severity of the charges brought against them.
Their freedom was pronounced by Justice Obiora Egwuatu, the presiding judge, who struck out the case after he granted the application by M.D Abubakar, counsel for the AGF, Lateef Fagbemi (SAN).
Addressing newsmen after securing their freedom on Tuesday morning, one of their lawyers, Marshal Abubakar, said their clients were granted bail after the Attorney General of the Federation exercised his constitutional right to discontinue the treasonous case initiated by Nigerian Police.
The African Commission on Human and Peoples’ Rights, through its Country Rapporteur on Human Rights in the Federal Republic of Nigeria, Honourable Commissioner Solomon Ayele Dersso, said it followed with deep concern the reported detention and mistreatment of detained persons, including minors, who are facing treason charges related to their participation in protests held in August 2024.
A press statement issued by The African Commission on Human and Peoples’ Rights condemned the detention of the minors, describing it as a violation of human rights.
The statement reads: “The African Commission is alarmed by reports that those detained, including the minors, have endured inhumane conditions for an extended period of time with little regard to their due process rights. Such conditions of detention may amount to violation of Article 5 of the African Charter and the right to due process of the law guaranteed under Article 7 of the African Charter.
In the light of the foregoing, the African Commission calls upon the Federal Republic of Nigeria to:
“1. End the inhuman condition of detention with due regard to the best interest of children
The Government of Nigeria bears responsibility for ensuring that conditions of detention comply with minimum standards humane treatment of the detained with particular attention, for children, to the standards under the African Charter on Rights and Welfare of the Child. The Children should not only be provided with adequate food, water, and sanitation as well as medical care but also kept in secure facilities separate from the places of detention for adults.
“2. Investigate Detention Conditions and Provide Accountability
The Commission urges a comprehensive and independent investigation into the conditions under which the detained are held. Such an investigation should ensure accountability for any inhumane treatment and verify that Nigeria’s detention facilities meet standards that uphold detainees’ dignity and health.
“3. Ensure Respect for Due Process of the Law
The Commission calls on the Federal Republic of Nigeria to ensure respect for the right to due process of the law in accordance with Article 7 of the African Charter on Human and Peoples’ Rights and the Principles and Guidelines on the Right to Fair Trial and Legal Assistance under the African Charter.
“4. Guarantee that law enforcement measures including prosecution comply with the human and peoples’ rights standards under the African Charter
The African Commission reminds the Federal Republic of Nigeria that it bears responsibility for ensuring that law enforcement measures including the launching of prosecution do not constitute both unjustifiable restriction amounting to violation of the right to peaceful protest and arbitrary deprivation of liberty.
“The African Commission expresses its commitment to supporting the Republic of Nigeria in upholding its human and peoples’ rights obligations and in consolidating its human rights record.
Honourable Commissioner Solomon Ayele Dersso, Country Rapporteur on Human Rights in the Federal Republic of Nigeria.”
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