#EndBadGovernance: Advocacy group writes CJN, Speaker Abbas over minors’ detention, trial, calls for probes

Global Rights, an international advocacy group, has called for extensive probes into the detention of minors recently charged with treason in connection with August’s #EndBadGovernance protests.

On Sunday, in separate letters to the Speaker of the House of Representatives, Tajudeen Abbas, and the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, the group outlined various issues that need thorough investigations, including the handling of the case by the trial judge.

The minors, charged with treason—a crime punishable by death under Nigerian law—endured severe conditions, including malnutrition, during their detention, the group said.

The request for probes came barely two days after the African Commission on Human and Peoples’ Rights (ACHPR) made a similar request, demanding a thorough investigation into the possible mistreatment the children had passed through.

In Global Right’s letter to the CJN, its Executive Director, Abiodun Baiyewu, expressed grave concerns over the judiciary’s role in failing to protect the rights of vulnerable individuals, particularly minors.

“As the newly appointed leader of the judiciary, we urge you to correct this injustice by disciplining Justice Obiora Egwuatu, who, through his actions, enabled the violation of these children’s rights. In the first instance, the honourable judge failed to order the immediate separation of minors from adults in these proceedings to ensure that the minors received fair treatment under more appropriate circumstances,” she said.

“Even when they were arraigned before him, and it was apparent that most of their ages were inflated, Justice Obiora Egwuatu failed to recognise the mischief before him and compounded it by feigning ignorance of their manifest sufferings.

“As an impartial judicial officer, he owed a duty of care to be discerning, and he failed in this regard. And by failing to do so, the learned judge erred on the side of caution in the violation of these children’s rights.

“Moreover, during the bail hearings, the conditions set by the Court were unduly punitive.”

She called attention to a disturbing incident on 1 November, when four visibly malnourished detainees collapsed during proceedings.

Tajudeen Abbas, the Speaker of the 10th House of Representatives.

Although the court later dismissed the charges against the minors after the government withdrew the case in the wake of a public outrage triggered by the trial, Mrs Baiyewu condemned the entire arrest and prosecution process, calling it a “grave miscarriage of justice.”

Indigent and illiterate, the detainees faced a bail requirement of N10 million, along with the need for two sureties—one of whom had to be a civil servant based in Abuja, the group said.

Describing the bail conditions as unreasonable, the group noted that “it is settled law that bail is not intended to be punitive, yet the conditions in this case were anything but fair.”

Recommendations for judicial reform

She urged the CJN to investigate Mr Egwuatu’s actions and recommended that appropriate disciplinary measures be taken for his failure to protect the minors’ rights during the trial.

She recommended that the CJN issue a practice direction for handling cases involving minors charged with serious offences, particularly when there are doubts about the accused’s age. The guidelines should ensure fair treatment of minors in the judicial system.

She urged the judiciary to issue stronger protections for the right to peaceful protest, as guaranteed under Sections 39 and 40 of the Nigerian constitution.

She called for a review of court orders that might unjustly restrict the constitutional rights of citizens.

She emphasised the need for the judiciary to maintain impartiality and safeguard the rights of the most vulnerable, including minors and marginalised groups, to avoid further miscarriages of justice.

The organisation hopes that these recommended actions will lead to reforms that prevent the violation of minors’ rights and restore justice in Nigeria’s courts.

Letter to speaker

In the separate letter to the Speaker of the House of Representatives, Mr Abbas, the group called for an oversight investigation into the circumstances of the arrest and detention of the minors in connection with the August #EndBadGovernance protests.

It accused the federal government of subjecting the detained minors to “weaponiaed hunger” and failing to uphold basic child rights protections.

“These minors’ actions in no way meet this definition as it was manifestly clear that there was no intention to levy war or intimidate any state official.”

The letter also touched on the allegation that the minors waved the Russian flag during the protest. According to the Global Rights head, Mrs Baiyewu, “it is crucial to recognise that many of these minors, being illiterate, lacked the mens rea for the crime that they were arrested for.”

“They likely could not distinguish between a Russian flag and the French flag! Punishing children—who have been denied quality education by the government of their country —for waving a foreign flag is an indictment on us as a country that has failed to develop its future manpower and protect its most vulnerable members,” Mrs Baiyewu wrote.

She noted that the Criminal Code Act defines treason as “levying war against the State,” a threshold the minors’ actions did not meet.

According to her, the minors’ ages were intentionally manipulated on official records to classify them as adults, denying them protections mandated by the Child Rights Act. Mrs Baiyewu alleged that a government representative, Rimazonte Ezekiel, falsely presented the minors as “married men” and “university graduates” during court proceedings, further denying their status as children and disregarding their rights.

She said the Child’s Rights Act, enacted in 2003, prioritises the best interests of children, including protections against adult detention practices.

The letter further criticised the Attorney-General of the Federation (AGF) and Minister of Justice Lateef Fagbemi’s apparent lack of awareness of the case.

The federal government dropped all charges against 119 minors detained following widespread criticism. This came after the minors had been detained for nearly 100 days.

Calls for reform and accountability

Global Rights called on the House of Representatives to investigate all officials involved, examine the police protocols that led to the minors’ detention, and ensure accountability.

The organisation proposed structural reforms, including a scholarship fund for the affected minors and a review of detention protocols to protect vulnerable groups, particularly minors, in the future.

Mrs Baiyewu urged lawmakers to uphold Nigeria’s commitment to democratic freedoms and children’s rights.

“Ensure that those responsible for these injustices are held accountable, and take concrete steps to prevent such violations in the future,” she wrote.

She called for urgent legislative oversight to restore public confidence in Nigeria’s justice system.

#EndBadGovernance protest

Many Nigerians trooped to the streets across many states between 1 and 10 August, expressing their displeasure over the economic hardship blamed on President Bola Tinubu’s policies.

The protest turned violent in states like Kano and Kaduna, where some people were seen waving Russian flags.

The police arrest hundreds of individuals, including minors, in the states.

The Nigeria police also conducted a clampdown on activists in Abuja where the protest was peaceful.

The police alleged that British socialist Andrew Wynne orchestrated the protests in Abuja to destabilise and topple President Bola Tinubu’s administration.

Mr Wynne, who left Nigeria before the crackdown, denied the allegations, stating that peaceful protest is not a crime.

The government’s initial decision to prosecute over 100 individuals, including minors, on treason charges provoked further rebuke after reports emerged that several detainees showed signs of severe malnutrition, with some even collapsing in court.

The police are still prosecuting 10 individuals at the Federal High Court in connection with the protests.