The Socio-Economic Rights and Accountability Project (SERAP), called on President Bola Tinubu to direct the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, to facilitate the immediate release of #EndBadGovernance protesters, including “32 hungry and malnourished children,” who SERAP claims were detained for peacefully exercising their human rights.
In a letter dated November 2, 2024, obtained by PUNCH Online on November 3, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, SERAP expressed concerns that the prolonged detention of these children and other protesters infringes upon fundamental rights and may deter other citizens from exercising their own freedoms.
SERAP emphasized that if President Tinubu fails to act within 48 hours, the organization will pursue legal action to hold him accountable.
The letter, also copied to the Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention, Dr. Matthew Gillett, called on Tinubu to direct Fagbemi and law enforcement 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.”
Additionally, SERAP urged the president to ensure that detained protesters, including the minors suffering from hunger and deteriorating health, have immediate access to medical care.
“Detaining children for peacefully expressing their views is a clear violation of their rights and goes against the principle of acting in the ‘best interests of the child,’” the letter stated, adding that their continued detention further impedes their right to education.
SERAP also condemned the “ill-treatment of the protesters, including the 32 hungry and malnourished children,” as an indication of the “appalling conditions in Nigeria’s prisons, which continue to put lives at risk.”
The ongoing detention of these individuals, SERAP asserted, contributes to a climate of fear that discourages other citizens from freely exercising their rights.
The letter continued, “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 expressed concern that the authorities are “weaponising the criminal justice system” to suppress the protesters rights to freedom of expression, peaceful assembly, and personal liberty.
The organization stated, “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.”
The Inspector-General of Police, Olukayode Egbetokun, had recently charged the defendants with ten counts, including treason, incitement to mutiny, and other offenses.
However, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to 76 #EndBadGovernance protesters on Friday, setting a total bail of ₦760 million, requiring two sureties per defendant.
In response, Attorney-General Fagbemi expressed his intention to review the case.
In a statement released Friday, he announced steps to take over the matter from the Inspector-General, including exploring options to drop the charges against the 32 minors.
“There are some issues my office will need to look into regarding the matter to enable me to make an informed decision,” Fagbemi stated.
He added, “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.”
The Attorney-General further directed the Director of Public Prosecutions to seek an earlier adjournment date, signaling a possible resolution in the case.
