·Falana wants AGF to terminate charge without delay
·SERAP gives Tinubu 48 hours to release detained minors
The Arewa Consultative Forum, ACF, National Human Rights Commission, NHRC, Civil Society Legislative Advocacy Centre, CISLAC, Resource Centre for Human Rights and Civic Education, CHRICED, Concerned Parents and Educators, CPE, and ActionAid have condemned the treason charges the Nigeria Police Force filed against minors who participated in the recent #EndBadGovernance protest before a Federal High Court, sitting in Abuja.
The #EndBadGovernance protest held across the country from August 1 to 10, 2024.
This came Socio-Economic Rights and Accountability Project, SERAP, urged President Bola Tinubu to use his "leadership position and good offices to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN to take urgent steps to ensure the immediate and unconditional release of all the #EndBadGovernance protesters including the 32 hungry and malnourished children."
Also, activist and lawyer, Mr. Femi Falana insisted on the AFG terminating the charges without further delay.
The police had arraigned the minors on Friday for allegedly attempting to desterbilize Nigeria, incite mutiny and shouting 'Tibubu must go, it's military we want.'
Its a show of shame --ACF
Reacting, ACF in a statement by its National Publicity Secretary, Prof. Tukur Muhammad-Baba, said: "It is with utter consternation that we observe the spectacle of fellow citizens, hauled before a Federal High Court at Abuja, on trial on allegations of treason, and other offences, arising from their participation in the August 2024 #EndBadGovernance protests. The suspects consist mostly of minors.
"The trial is a show of shame and it is as crass, gross and disturbing as can be. It is also a demonstration of needless official high-handedness at its worst. Equally unsettling was the dramatic departure from the court of the presiding judge on sighting some of the under-aged detainees collapsing from hunger and suffering. ACF views these citizens as victims of the Nigerian criminal justice administration system and mindless bureaucracy.
"The very unhelping and insensitive words, to the press, of the prosecuting attorney and those of the Inspector-General of the Police were just as distressing, amounting to an attempt to rationalize 'justify' is a very wrong term to apply the mis-action, adding to the absurdity of the sham trial. A telling symptom of a justice system gone wild is that the suspects were offered bail for the sum of N10 million each plus some other stringent conditions.
"From their looks, most of the detainees cannot raise as little as N10,000 to post bail.
"ACF joins other Nigerians, national and international human rights groups in strongly condemning this charade of a trial and naked, strong-arm tactic, reminiscent of strategies employed by authoritarian and intolerant but weak regimes aimed at muscling citizens.
Arraigning minors contravenes regional, international laws --NHRC
NHRC through its Executive Secretary, Mr. Tony Ojukwu, SAN, maintained that the arraignment of the minors for allegedly attempting to overthrow the government of President Bola Tinubu, "clearly contravenes a plethora of national, regional and international laws."
Commending the AGF, for asking the police to transfer the case-file to his office for a review, the commission knocked the Federal High Court in Abuja for imposing what it described as "draconian bail condition" that would be impossible for the accused teenagers to fulfill.
"Infact, the judge witnessed some of the children looking malnourished and unwell which calls to question the mental state of the judge when imposing such bail conditions on the children and minors for participating in a protest now turned treason.
"The commission wishes to state that the arrest, detention and arraignment of these minors by the Nigerian Police on charges of treason and attempting to overthrow a legitimate government among other charges, clearly contravenes a plethora of national, regional and international laws," the NHRC added.
SERAP gives Tinubu 48 hours to release detained minors
SERAP said: "these children and other protesters are detained solely for the peaceful exercise of their human rights."
SERAP also urged him "to direct Mr. Fagbemi and appropriate agencies to ensure the immediate access to medical treatment for all the protesters including the 32 hungry malnourished children for their apparently deteriorating health."
In the open letter, SERAP's deputy director, Kolawole Oluwadare, said: "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.
"The detention of the 32 hungry and malnourished children also infringes their right to education. These children ought to be in school, and not languishing in detention.
"The apparent ill-treatment of the protesters including the 32 hungry and malnourished children have shined a light on the appalling conditions in Nigeria's prisons which continue to put lives at risk."
CISLAC, ActionAid demand punishment of police officers involved in violation of rights
Executive Director of Awual Rafsanjani, said: "If they were treated fairly, with dignity, the children wouldn't look malnourished, in total starvation, and would not be in pyschological torture.
"So whoever kept them and what they have done is to terrorise this children malnourished, maltreated and put them in psychological disorder, which is tantamount to child destruction.
"Therefore, what we are still saying is that even the police officers who arrested and detained the children violated their rights and the law.
"The Police spokesman who even justified the arrest and arraignment, even the Inspector General of Police, who said the children's collapse was stage-managed, these statements doesn't speak well of the country, and the whole world are watching even as the children were scrambling for water and food inside the court showed that they were terribly hungry, and they don't even know about the allegations framed against them.
"The Constitution and the Child Rights Act make it clear that minors are not to be treated like adults in cases where the law is violated. In this case, there's no evidence of these children being involved in the act of treason, yet they have been subjected to a reality most kids their age would never know in their lifetime.
Govt actions reflect a failure to support vulnerable groups --CHRICED
In a statement, yesterday by its Executive Director, Ibrahim Zikirullahi, CHRICED argued that the government's action reflect a failure to support vulnerable groups such as the Almajiri children, contributing to the nation's 10 million out-of-school youths.
"We call for the immediate and unconditional release of these minors, as their continued detention is not only unjust but also represents a severe infringement of their fundamental human rights.
"These children are not criminals, rather, they are victims of the adverse conditions imposed upon them by President Tinubu's policies, and it is imperative that we advocate for their rights and well-being.
"Requiring impoverished and malnourished children to pay N10 million each in bail bonds is, at the very least, reckless, obnoxious, and insensitive.
"For a nation that purports to uphold democratic values, the dehumanizing treatment of its citizens is profoundly concerning."
Falana insist AGF must terminate charge without delay
Falana in a letter to the NBA president, commending the association for condemning the arraignment of malnourished children for treason and allied offences, said: "The arraignment of three groups of 130 #endbadgovernance protesters by the Police constitutes a gross abuse of prosecutorial powers. It is hoped that the AGF, who has since taken over the cases, will terminate them without any further delay.
"Having fought and won the legal battle that culminated in the judicial recognition of the fundamental rights of Nigerian citizens to protest against unpopular policies of governments, we have decided to lead the legal defence of the 130 #endbadgovernance protesters. Even though we are convinced that the frivolous charges will be withdrawn by the Federal Government or dismissed by the trial court, it is pertinent to review the massive infringement of the fundamental rights of citizens for protesting against the implementation of the neoliberal economic policies of the Bola Tinubu administration.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
"However, it is common knowledge that the fundamental rights of children and other citizens to dignity, liberty and fair hearing are regularly violated by security agencies in all the states of the federation and the Federal Capital Territory. To that extent, the NBA should go beyond the condemnation of the arraignment of the #EndBadGovernance protesters including malnourished children.
"It is high time that the NBA took advantage of the provisions of the Constitution, the Administration of Criminal Justice Act and relevant international human rights instruments to put an end to the reckless violations of the fundamental rights of poor and vulnerable citizens in the country.
"As you are no doubt aware, section 34 of the Administration of Criminal Justice Act, 2015 and section 70 of the Police Establishment Act, 2020, have imposed a duty on every Chief Magistrate to visit all police stations in their jurisdiction at least once a month.
"During the visit, the Chief Magistrate is empowered to grant bail to detainees or order that they be arraigned in a competent court. Any officer found to have violated the rights of suspects and other detainees shall be reported to the appropriate authorities for necessary disciplinary action. In the same vein, High Court Judges are empowered to conduct visits to all other detention facilities in their jurisdiction with a view to protecting the rights of detainees therein.
"But due to the failure of Chief Magistrates and Judges to perform the duty of visiting police stations and other detention facilities in the country, the illegal arrest, detention and extortion of poor and vulnerable citizens have been on the ascendancy throughout the country. We are therefore compelled to urge you to prevail on the members of the Human Rights Committees of the 128 branches of the Nigerian Bar Association to accompany Chief Magistrates and Judges to visit police stations and other detention facilities in the country."
In view of the foregoing, the NBA under your leadership should make a difference by ensuring that the statutory duties of judges, Chief Magistrates and lawyers are carried out in line with the provisions of the Administration of Criminal Justice Act, Police Establishment Act and Nigerian Correctional Services Act."
