The Socio-Economic Rights and Accountability Project (SERAP) has formally urged President Bola Tinubu to direct Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, to secure the release of detained #EndBadGovernance protesters, specifically highlighting the case of 32 detained minors reportedly suffering from hunger and malnutrition.
In a letter dated November 2, 2024, signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization appealed to President Tinubu to address what it views as a violation of human rights, requesting the immediate release of all protesters held for their involvement in peaceful demonstrations. SERAP stated that these children and other protest participants were “detained solely for the peaceful exercise of their human rights” and criticized their continued imprisonment, which it claims deters other citizens from exercising their rights.
The letter, obtained by PUNCH Online on Sunday, November 3, 2024, also copied Dr. Matthew Gillett, Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention, underscoring SERAP’s request for Tinubu to take swift action. It called for an investigation into “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.” SERAP also emphasized the urgent need for medical treatment for the minors, whose conditions reportedly worsen as they remain in detention.
SERAP’s letter argues that detaining minors for peaceful protests contravenes Nigeria’s obligations under international law, especially regarding the treatment and rights of children. “Bringing charges against children and detaining them for peacefully expressing their views is clearly not acting in the ‘best interests of the child,’” SERAP wrote, stressing that the detention also infringes on the minors’ right to education.
The letter described the detention conditions as “appalling,” attributing them to an overall failing prison system in Nigeria that endangers detainees’ lives. SERAP expressed concerns that the harsh treatment of protesters, particularly the detained children, could create a “chilling effect” that discourages other Nigerians from exercising their rights to free speech and assembly.
SERAP set a 48-hour deadline for the government to act on its recommendations, warning that it would take legal action if no response is received within this timeframe. “SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest,” the organization stated.
The protests led to charges against 76 individuals, including allegations of treason and inciting mutiny. Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail to the defendants, setting a total bail sum of ₦760 million with two sureties per individual. However, given the stringent bail terms, many defendants remain in custody.
AGF’s Response
In response, Attorney-General Fagbemi released a statement indicating he intends to review the minors’ case, suggesting he may seek to dismiss the charges against them. “There are some issues my office will need to look into regarding the matter to enable me to make an informed decision,” Fagbemi stated. He has ordered the Nigeria Police to transfer the case file to his office by Saturday, November 2, 2024, and directed the Director of Public Prosecutions of the Federation to expedite efforts for an earlier court hearing.
Fagbemi noted that while he cannot independently alter the court’s remand order, he remains committed to addressing the minors’ situation and plans to take further action based on his review of the case. This development could pave the way for the minors’ release, as well as a re-evaluation of the charges against other detained protesters.
