Human Rights activist and Senior Advocate of Nigeria, Femi Falana and the Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to release the 76 minors clamped in detention after the #EndBadGovernance protests in August.
There was drama at the premises of a Federal High Court sitting in Abuja last Friday, when the children ranging from 14-17 were arraign on charges of treason and terrorism. Some of them fainted while taking their plea, sparking a nationwide outrage especially when they were given a bail condition of N10m surety.
“The detention of the hungry and malnourished children also infringes on their right to education. These children ought to be in school, and not languishing in detention.
“The apparent ill-treatment of the protesters including the 32 hungry and malnourished children have shone a light on the appalling conditions in Nigeria’s prisons which continue to put lives at risk.”
“The continuing arbitrary detention of the protesters creates a climate of fear, discouraging other citizens from freely exercising their human rights, 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 said in a statement.
Mr. Falana argued that: “No child should be subjected to criminal proceedings. If a minor is alleged to have committed an offense, they should be handled within the child justice system.”
He further contended that certain charges against the protesters did not meet the requirements for an offense under Nigerian law. Falana noted that actions such as carrying placards that read “end bad government” or chanting revolutionary songs do not amount to a crime under Sections 416 and 114 of the Penal Code. He asserted that these charges are baseless under Sections 1, 3, 6, 36, and 44 of the 1999 Constitution.
