SERAP Urges Immediate Release Of Minors From Detention

The Socio-Economic Rights and Accountability Project has urged President Bola Tinubu to direct the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi, to ensure the release of all #EndBadGovernance protesters, “including the 32 hungry and malnourished children.”

SERAP lamented that the “children” and some other protesters were “detained solely for the peaceful exercise of their human rights.”

This request is contained in a letter dated November 2, 2024, obtained by PUNCH Online on Sunday, November 3, 2024, and signed by SERAP’s Deputy Director, Kolawole Oluwadare.

SERAP noted that the detention of the protesters may discourage other citizens from exercising their rights, adding that if the president does not act on its recommendations within 48 hours, legal actions will be taken against him.

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The letter, which was copied to the Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention, Dr Matthew Gillett, urged 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, to identify and bring to justice those responsible, and to ensure justice and remedies for the victims.

“Direct Mr Fagbemi and appropriate agencies to ensure immediate access to medical treatment for all the protesters, including the 32 hungry and malnourished children, whose health is apparently deteriorating.”

The organisation stated 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,’” adding that their detention violates “their rights to education.”

It continued, “The apparent ill-treatment of the protesters, including the 32 hungry and malnourished children, has highlighted the appalling conditions in Nigeria’s prisons, which continue to put lives at risk. The ongoing arbitrary detention of the protesters creates a climate of fear, discouraging other citizens from freely exercising their human rights and 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 is concerned that Nigerian authorities are weaponising the criminal justice system to curtail the rights of the children and other protesters to liberty, freedom of expression, and peaceful assembly. 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,” among others.

The Inspector-General of Police, Olukayode Egbetokun, arraigned the defendants on ten counts, including treason, incitement to mutiny by urging the military to remove the president, and other related charges.

However, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to the 76 #EndBadGovernance protesters on Friday, setting a total bail sum of ₦760 million, with two sureties required for each defendant.

Meanwhile, Fagbemi, in a statement released late Friday, expressed his interest in taking over the matter from the IGP, stating he is taking steps to drop the charges brought against the 32 arraigned minors.

“There are some issues my office will need to look into regarding the matter to enable me to make an informed decision.

“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.

“I have further directed the DPPF to immediately initiate steps to request an earlier adjournment date,” he stated.