#EndBadGovernance: NHRC calls for sanctions against officials responsible for detention, trial of minors

The National Human Rights Commission (NHRC) on Wednesday called on the human rights community to proffer the best way to ensure officials involved in the recent prosecution and detention of minors over the August’s #EndBadGovernance protests are adequately sanctioned.

“Can we put our heads together and see whether we can file for disciplinary action?” The Executive Secretary of the NHRC, Tony Ojukwu, told a gathering of human rights advocates during a workshop organised to review recent human rights issues in Nigeria.

He continued, “This kind of thing cannot continue. We need to salvage this country. Are we improving, or are we deteriorating? How can a country make progress like this? Tell me which country in the world has ever made progress with this kind of thing.”

The event which was held at the NHRC headquarters in Abuja focused on a series of recent human rights violations, including the detention of minors between age 12 and 17 years in the aftermath of the #EndBadGovernance protest.

From left to right: Members of a panel session, Inibehe Effiong, Victoria Ibezim-Ohaeri, Edosa Oviawe, Maxwell, Okpara, and anchor, Oluseyi Oyebisi

Conversations at the workshop also centred on the #EndBadGovernance protest held in August and the 1 October protest, both of which were organised to express citizens’ discontent over the rising cost of living triggered by President Bola Tinubu’s economic policies.

It also focused on the report of an investigative panel on the Reuters investigative story that alleged an illegal abortion programme carried out by the Nigerian Military in Counter-Insurgency Operations in the North-East.

From 1 to 10 August, Nigerians surged to the streets across states to protest against economic hardship resulting from the floating of the naira and removal of petrol subsidies by President Tinubu’s administration.

During the protest, security forces, particularly the police shot and killed protesters, fired live ammunition at journalists, and indiscriminately used tear gas to disperse protesters.

The police and the State Security Service (SSS) also arrested and detained peaceful protesters in Abuja.

Meanwhile the protest turned violent in Kano and Kaduna states, a development the police took as an excuse to clamp down on protesters and perceived protesters in Abuja and states where violence erupted.

Minors, arrested in Kano and Kaduna, were detained for three months before their arraignment in court on 1 November. Two visibly malnourished children slumped in court during the proceedings at the Federal High Court in Abuja. After a public outcry, the government withdrew the charges and released them.

NIgeria’s Child’s Rights Act prohibits the prosecution of children between 8 and 17 in a regular court and their detention in custody meant for adults. Under the law, children can only be subjected to the criminal justice system meant for them. The Child’s Rights Act also gives the family or juvenile court the exclusive powers to order the remand of a child and decide the place of custody, should the need arise as stipulated under the law.

The Nigerian government promised that sanctions would be meted out to officials involved in the ugly incident but has yet to take any publicly known steps about it.

But human rights groups from within and Nigeria have continued to call for extensive probes into the arrest and prosecution of protesters and minors.

Some of the latest rebukes and calls for probes came from the African Commission on Human and Peoples’ Rights (ACHPR) and Global Rights, an international human rights advocacy group.

Mr Ojukwu said on Wednesday that there was the need to proffer solutions to these issues, which he described as “pressing”.

The NHRC boss, a Senior Advocate of Nigeria, encouraged participants at the workshop to speak candidly and openly to ensure that human rights are not merely assertions but ideas that are realised in the everyday life of all persons.

Deputy Head of Delegation for the European Union in Nigeria, Zissimos Vergos, noted that issues relating to human rights prevailed despite being in a digital age where the voices of people are amplified,

Spread of key human rights violations

Senior Human Rights Adviser to the NHRC, Hilary Ogbonna, said key areas of human rights violations in the country include kidnappings and killings, child rights violations, killing of law enforcement officers and political hate speech.

Mr Ogbonna said that geographically, human rights violations were most prevalent in the North-central and North-West regions of Nigeria.

He also said the harassment of journalists and civilians by the police force were among the key violations.

Panel discussions

Panel sessions at the event addressed civil liberties, civic spaces, the protection of democratic norms, human rights protection and access to justice for vulnerable groups and human rights in security and development contexts.

One of the panelists, a lawyer and human rights activist, Maxwell Opara, said the Nigerian judiciary is an obstacle towards enthroning human rights culture in Nigeria.

Mr Opara, a member of Nnamdi Kalu’s legal team, cited the rigorous bureaucratic process of the judiciary, which often leads to delay of justice and the harassment of journalists. He cited a recent case of a journalist, Chinonso Uba, popularly known as Nkwa.

Participants at the workshop

PREMIUM TIMES reported that Mr Uba, a human rights activist, was arrested for alleged cyberstalking, character defamation, misinformation and incitement of civil unrest. He has been a vocal critic of the Governor of Imo State, Hope Uzodinma.

Executive Director for Spaces for Change, Victoria Ibezim-Ohaeri said that the issues regarding restrictions in our civic spaces were deeply ingrained in our culture and need to be addressed.

Recommendations from the panel discussions

Some of the recommendations from the discussions include calling out those responsible for human rights violations and distinguishing between killings by state actors and non-state actors.

The meeting also recommended a need for a policy to protect civilians in armed conflicts and reorientation of law enforcement officers.

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It also called for the provision of skill acquisitions for Internally Displaced Persons (IDPs) to enable them to establish themselves.

Other recommendations include working closely with female stakeholders to drive the need for gender protection and training judges in handling issues of child rights and holding families accountable for children.

Inauguration of human rights defenders

The NHRC also inaugurated on Wednesday the Human Rights Defenders Forum and appointed individuals and Civil Society Organisations (CSOs) as members of the forum.

The forum’s membership includes Chino Obiagwu, a Senior Advocate of Nigeria; Edosa Oviawe, Mr Opara, Ms Ibezim-Ohaeri, Deji Ajare and Y.Z Yau. It also includes representatives of various civil society organisations such as the Socio-Economic Rights and Accountability Project (SERAP), CLEEN Foundation, Heartland Alliance and The Initiative for Equal Rights (TIERS).

Mr Ojukwu said the inauguration of the forum would provide a platform to drive change by the human rights community.

According to him, it would also enable human rights defenders to share experiences, exchange ideas, and strategise on how to address the challenges of the past.

“It is crucial that we stand together to provide human rights defenders with the necessary support and ensure their safety and development,” he said.