The African Commission on Human and Peoples’ Rights (ACHPR) has demanded that the Nigerian government investigate the unlawful detention of minors arrested during the #EndBadGovernance protests in August.
This comes after a Federal High Court in Abuja struck out treason charges brought against the protesters, including the minors, who were held in prison for three months.
The minors were arrested during nationwide protests demanding an end to bad governance in Nigeria. After public outcry, their detention has attracted both national and international attention.
ACHPR Responds to Growing Outrage Over Minors’ Detention
The African Commission has expressed grave concern over the mistreatment of detained persons, particularly minors, involved in the protests.
In a statement issued by the ACHPR, Honourable Commissioner Solomon Ayele Dersso, the Country Rapporteur on Human Rights in Nigeria, condemned the conditions under which the minors were held.
The ACHPR described the detention as a violation of human rights, stating that it contravened several provisions of the African Charter on Human and Peoples’ Rights.
“A Violation of Human Rights”
The ACHPR’s statement highlighted that the minors were subjected to inhumane conditions during their detention.
“These conditions may amount to a violation of Article 5 of the African Charter, which prohibits torture, cruel, inhuman, or degrading treatment,” the statement read. “Additionally, the prolonged detention without due process may violate Article 7, which guarantees the right to a fair trial.”
According to ACHPR, the Nigerian government must investigate the circumstances surrounding the minors’ treatment and ensure accountability.
Three Months in Detention
The minors, along with other protesters, were arrested during the August #EndBadGovernance protests. They were charged with treason, a serious offense, for participating in the demonstrations.
SaharaReporters had previously reported that the minors were left in prison for three months, despite their youth and the nature of their charges.
On Tuesday, after significant public outcry, a Federal High Court in Abuja dismissed the treason charges against the detained protesters, including the minors.
Justice Obiora Egwuatu, the presiding judge, granted the Attorney General of the Federation’s (AGF) application to withdraw the charges, citing the public outrage generated by the case.
Court Decision Sparks National Relief
After the Federal High Court ruling, the detained minors were granted freedom. Speaking to the press after their release, one of the minors’ lawyers, Marshal Abubakar, confirmed that the AGF exercised his constitutional right to discontinue the case.
“The minors are free now, thanks to the intervention of the Attorney General’s office,” Abubakar said. “The AGF recognized the public concern and moved to end this case.”
The decision to drop the charges followed a growing chorus of criticism from both Nigerian citizens and international bodies.
ACHPR’s Recommendations to Nigeria
In light of these developments, the African Commission called on the Nigerian government to take immediate action to address the mistreatment of the detained minors and ensure that such violations do not occur in the future.
ACHPR recommended that Nigeria take four key steps to uphold human rights and dignity for all detainees, particularly children:
- End Inhumane Detention Conditions
The Commission urged the Nigerian government to provide adequate conditions for detainees, especially children. This includes access to food, water, sanitation, and medical care, as well as ensuring minors are kept in facilities separate from adult prisoners. - Investigate Detention Conditions and Ensure Accountability
The ACHPR called for a comprehensive investigation into the conditions of the detainees’ imprisonment, demanding accountability for any inhumane treatment. The investigation should verify that Nigeria’s detention facilities adhere to humane standards. - Respect for Due Process
The Commission emphasized that Nigeria must respect the right to due process as outlined in the African Charter. This includes ensuring that all legal proceedings are fair and just, and that detainees are provided with legal assistance. - Guarantee Law Enforcement Compliance with Human Rights Standards
ACHPR reminded the Nigerian government that law enforcement actions, including arrests and prosecutions, must adhere to international human rights standards. The Commission also highlighted the right to peaceful protest and cautioned against the arbitrary deprivation of liberty.
