African Commission Urges Nigerian Government to Investigate Unlawful Detention of Minors Over #EndBadGovernance Protests
By Wisdom Tide
November 9, 2024
The African Commission on Human and Peoples’ Rights (ACHPR) has called upon the Nigerian government, led by President Bola Tinubu, to investigate the detention of minors involved in #EndBadGovernance protests. The call comes after a Federal High Court in Abuja dismissed treason charges brought against the minors and other protesters, leading to their release. The African Commission condemned the unlawful detention and highlighted the need for Nigeria to uphold human rights standards in handling protests and detainees, especially minors.
Court Grants Freedom to Detained Protesters
On Tuesday, minors and other protesters involved in the #EndBadGovernance protests regained their freedom. This development followed a Federal High Court ruling in Abuja, where Justice Obiora Egwuatu struck out the treason charges against them. The case was dismissed after the Attorney General of the Federation’s office withdrew the charges due to national and international outrage over the detention of minors.
The three-month detention of these minors was criticized widely. Addressing the press, Marshal Abubakar, one of the defense lawyers, explained that the Attorney General exercised his constitutional authority to discontinue the treason charges, allowing for the protesters’ release.
African Commission Condemns Detention as Human Rights Violation
In response to the detentions, the African Commission expressed deep concern over the conditions and treatment of the detainees, particularly minors. Honourable Commissioner Solomon Ayele Dersso, ACHPR's Country Rapporteur for Human Rights in Nigeria, highlighted the detention as a violation of human rights. According to the Commission’s statement, the treatment of these individuals may have contravened Article 5 of the African Charter on Human and Peoples’ Rights, which prohibits inhumane or degrading treatment, as well as Article 7, which guarantees due process.
The Commission issued a statement that emphasized its concern over reports of inhumane conditions in which detainees were allegedly held. The statement read: “The African Commission is alarmed by reports that those detained, including the minors, have endured inhumane conditions with little regard to their due process rights. Such conditions may amount to violations of the African Charter on Human and Peoples' Rights.”
Calls for Immediate Improvement in Detention Conditions
The African Commission’s statement included a demand that the Nigerian government address the conditions under which the minors were detained. It urged authorities to ensure that detention conditions meet minimum humane standards and provide for the basic needs of minors, including adequate food, water, sanitation, and medical care. ACHPR highlighted that, in line with the African Charter on the Rights and Welfare of the Child, minors should be held in separate facilities from adult detainees to safeguard their welfare.
The Commission reiterated Nigeria’s obligation to prioritize the well-being of children in detention, stressing that minors should not endure conditions that compromise their health, safety, or dignity.
Call for Investigation and Accountability
The African Commission urged Nigeria to conduct a comprehensive and independent investigation into the conditions of detention for the minors and other protesters. This investigation would aim to ensure accountability for any inhumane treatment and to verify that detention facilities uphold the dignity and rights of all detainees. The Commission stated that the findings should guide improvements in detention standards and ensure that any violations are addressed with appropriate measures.
Upholding Due Process and Human Rights Standards
Further, the African Commission reminded the Nigerian government of its duty to ensure that due process is respected in legal proceedings, as mandated by Article 7 of the African Charter. The ACHPR called on Nigeria to comply with the Principles and Guidelines on the Right to Fair Trial and Legal Assistance under the African Charter, which safeguard individuals’ rights to fair and just legal proceedings.
The Commission emphasized that law enforcement measures, including prosecutions related to protest activities, must not infringe on individuals’ right to peaceful protest or lead to arbitrary detention. ACHPR stressed that the Nigerian government must avoid unnecessary restrictions on freedom of assembly and expression, as these rights are protected under international human rights standards.
ACHPR’s Commitment to Supporting Human Rights in Nigeria
Concluding its statement, the African Commission reaffirmed its commitment to supporting Nigeria in upholding its human rights obligations. The ACHPR urged the Nigerian government to consolidate its human rights record by ensuring that its actions align with international and regional human rights frameworks, thereby fostering a more robust protection of citizens’ rights.
Honourable Commissioner Solomon Ayele Dersso reiterated that the Commission is prepared to work with Nigerian authorities in upholding the nation’s commitments to human rights. He urged the government to address the violations witnessed in this case and to prioritize reforms that prevent the recurrence of similar incidents in the future.
The African Commission’s response underscores the importance of upholding human rights in Nigeria, particularly in the context of peaceful protests and the treatment of minors in detention.
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