The Socio-Economic Rights and Accountability Project (SERAP) has made an urgent appeal to President Bola Tinubu to immediately order the release of detained #EndBadGovernance protesters, which reportedly includes 32 children suffering from hunger and malnutrition due to poor conditions in detention facilities.
SERAP has called on President Tinubu to instruct Attorney[b] General Lateef Fagbemi, SAN, to ensure the swift and unconditional release of these children along with other peaceful protesters being held for their involvement in demonstrations against governance issues in Nigeria.
The organization highlighted that these detainees, including minors, have been held in custody for peacefully exercising their constitutionally protected rights to free expression and assembly. In addition to demanding their release, SERAP urged that the Nigerian law enforcement agencies conduct an investigation into the alleged human rights abuses suffered by these protesters and hold those responsible accountable.
In a letter addressed to the presidency on November 2, 2024, signed by SERAP Deputy Director Kolawole Oluwadare, the organization argued that detaining children for exercising their rights is a violation of the principle of prioritizing the “best interests of the child.”
The letter pointed out that holding children in detention infringes upon their right to education, as they should be attending school and pursuing their studies, not languishing in custody. SERAP voiced particular concern about the dire conditions within Nigerian detention facilities, which are believed to place the health and safety of detainees at severe risk.
The correspondence, also sent to Dr. Matthew Gillett from the UN Working Group on Arbitrary Detention, stressed that arbitrary detention practices create a climate of fear, potentially discouraging citizens from exercising their rights due to apprehension about facing similar repression.
SERAP urged the government to act within 48 hours of receiving the letter, warning that failure to respond would compel the organization to seek legal redress to enforce compliance.
SERAP expressed further concern regarding the perceived use of Nigeria’s criminal justice system as a tool to suppress dissent, particularly targeting the protesters’ fundamental rights to freedom of speech, liberty, and peaceful assembly.
The letter additionally condemned the reportedly deplorable conditions in which these protesters, including the children, are being held, asserting that such conditions fall drastically short of international detention standards.
SERAP emphasized that children have the right to participate in discussions on matters that affect them and called on the government to protect the fundamental rights of all Nigerian children, including their right to life, education, and dignity.
In part, the letter read: “The continued arbitrary detention of these protesters fosters a chilling effect, discouraging other citizens from freely exercising their rights, which erodes democratic principles.”
The organization stated, “We would appreciate it if these necessary actions are taken within 48 days of receiving this letter or upon its publication. Should we not receive a response within this period, SERAP will explore appropriate legal avenues to compel the government’s compliance in the interest of the public.”
“SERAP is deeply concerned that Nigerian authorities are leveraging the criminal justice system to restrict the liberty, free expression, and peaceful assembly rights of the detained children and other protesters.”
“We are alarmed that the rights to life, health, and safety of these protesters are being compromised due to the deplorable detention conditions. Pressing charges against these protesters and detaining them are neither justified nor proportional measures.”
“The conditions under which these minors and other protesters are being detained are grossly inadequate, failing to meet the minimum international standards of humane treatment.”
“Children possess the right to express their opinions freely on issues that concern them, and the extent to which they are involved in political and civic matters largely depends on the extent to which their rights are safeguarded, respected, and promoted.”
“Your government has the duty to ensure and uphold the rights of Nigerian children, particularly those related to life, liberty, education, and development, and to treat them with respect that promotes their dignity and sense of self-worth.”
“The government also bears the responsibility of creating a secure, enabling environment for youths that encourages human rights promotion and protection.”
“It is incumbent upon the government to conduct prompt, thorough, impartial, independent, transparent, and effective investigations into human rights violations against detainees, ensuring those accountable face justice and that victims receive adequate remedies.”
“Decisions affecting children must consider their best interests and involve measures to protect them from torture, inhumane or degrading treatment, while limiting detention to a measure of last resort for the shortest appropriate duration.”
“The Convention on the Rights of the Child, ratified by Nigeria, mandates heightened protective measures for children due to their unique needs and developmental stages, obliging the government to adapt to children’s evolving capacities and prioritize their best interests without discrimination.”
“Articles 37(b) and 40(2)(b)(ii) of the Convention on the Rights of the Child stipulate that any detained child should be brought before an appropriate authority within 24 hours to review the legality of their detention.”
“SERAP notes that rules 1, 24, 27, and 118 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) affirm that all detained persons are entitled to humane treatment, including access to adequate medical care.”
“Rule 22 of the Nelson Mandela Rules guarantees all detainees the right to receive sufficient and nutritious food and clean drinking water.”
“Reports indicate that 76 #EndBadGovernance protesters, including 32 minors, were arraigned in court following their participation in nationwide protests last August. These detainees, who have been held for three months, were arrested in various locations across Nigeria, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano.”
“Tragically, four children collapsed within the courtroom, writhing in pain before being escorted for medical attention.”
“The protesters face a total of 10 charges, encompassing accusations of ‘treason, intent to destabilize Nigeria, and incitement to mutiny.’ However, the demonstrations were primarily aimed at protesting economic hardship, high governance costs, the removal of the petrol subsidy, and the urgent need for food security reforms.”