The Socio-Economic Rights and Accountability Project has issued an urgent call to President Bola Tinubu, urging him to instruct the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, to facilitate the release of all protesters associated with the #EndBadGovernance movement.
This includes a group of 32 children who are reported to be in dire health conditions, described as “hungry and malnourished.”
In a letter dated November 2, 2024, which was obtained by The PUNCH on Sunday, November 3, SERAP expressed deep concern over the detention of these individuals, stating that they were “detained solely for the peaceful exercise of their human rights.” The letter was signed by SERAP’s Deputy Director, Kolawole Oluwadare.
SERAP highlighted that the continued detention of these protesters could deter other citizens from asserting their rights, thus eroding the democratic fabric of the nation.
They threatened legal action against the president if he fails to act on their recommendations within 48 hours.
The letter also reached Dr. Matthew Gillett, Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention.
In it, SERAP implored Tinubu to direct Fagbemi and relevant law enforcement agencies to thoroughly investigate the circumstances surrounding the reported human rights violations against the detained individuals, particularly the minors.
They demanded accountability for those responsible and insisted on justice and remedies for the victims.
SERAP further called for immediate medical treatment for all detainees, stressing that the health of the 32 children is “apparently deteriorating.” They asserted 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,’” noting that such actions infringe upon their right to education.
The organization also expressed alarm over the poor treatment of the detainees, which underscores the unacceptable conditions in Nigeria’s prisons.
The ongoing arbitrary detention fosters a climate of fear, inhibiting citizens from freely exercising their rights, and consequently leading to a wider chilling effect on public dissent.
SERAP urged prompt action from the government, stating, “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.”
Additionally, SERAP condemned the Nigerian authorities for allegedly using the criminal justice system to infringe upon the rights of the protesters and to suppress their freedoms of expression and peaceful assembly.
The organization articulated concerns over the protesters’ rights to life, health, and safety while in detention, labeling the charges against them as neither necessary nor proportionate.
In a related legal development, the Inspector-General of Police, Olukayode Egbetokun, has charged the defendants with ten counts, including treason and incitement to mutiny by allegedly urging the military to remove the president.
However, on Friday, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to the 76 #EndBadGovernance protesters, setting the total bail amount at ₦760 million and requiring two sureties for each defendant.
In response to the ongoing situation, Fagbemi released a statement on Friday, expressing his intention to take over the case from the IGP.
He indicated that he is working towards dropping the charges against the 32 minors involved.
“There are some issues my office will need to look into regarding the matter to enable me to make an informed decision,” he said.
He clarified that while he does not possess the authority to amend the court’s order remanding the defendants to detention centers or to change the adjournment date to January, he has directed the Nigeria Police to transfer the case file to his office for further review and to pass it on to the Director of Public Prosecutions of the Federation.
He emphasized his commitment to initiating steps for an earlier court adjournment, stating, “I have further directed the DPPF to immediately initiate steps to request an earlier adjournment date.”
