The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to instruct the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, to expedite the release of all #EndBadGovernance protesters, including “32 hungry and malnourished children,” who SERAP states are being detained solely for peacefully exercising their rights.
In a letter dated November 2, 2024, and made available on Sunday, November 3, 2024, SERAP Deputy Director Kolawole Oluwadare outlined the organization's concerns.
According to SERAP, the detention of protesters, including minors, infringes on their fundamental rights and sets a concerning precedent that may deter others from exercising their freedom of expression and peaceful assembly.
The letter was also sent to Dr. Matthew Gillett, Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention.
The letter urges President Tinubu to “direct Mr. Fagbemi and appropriate law enforcement agencies to promptly investigate the circumstances surrounding the grave violations of the human rights of the children and other protesters in detention.”
SERAP requested that those responsible for the detentions be held accountable and that detainees receive immediate access to medical treatment, as some reportedly show signs of malnourishment and deteriorating health.
SERAP argued 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.’” SERAP further noted that this action violates the children’s right to education.
Highlighting the conditions in Nigeria’s prison system, SERAP criticized what it described as “ill-treatment” of the protesters, especially the detained minors, and expressed alarm over the “climate of fear” that such actions create, which may discourage other citizens from exercising their human rights. The letter stated, “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 raised concerns about what it sees as an effort by Nigerian authorities to use the criminal justice system as a tool to suppress the freedoms of expression and assembly, noting, “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.”
Inspector-General of Police Olukayode Egbetokun recently arraigned the protesters on ten charges, including treason and incitement to mutiny. However, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to 76 protesters, setting the bail at ₦760 million and requiring two sureties per defendant.
Meanwhile, in a statement on Friday, Attorney-General Fagbemi expressed his intent to review the charges, especially those against the minors, and is seeking to take over the case from the IGP. “There are some issues my office will need to look into regarding the matter to enable me to make an informed decision,” he stated, adding that he had instructed the police to transfer the case file to his office and that steps were being taken to secure an earlier court date.
