Rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has criticized the Federal Government for prosecuting Nigerians, including minors, involved in the #EndBadGovernance protests, describing the action as a national disgrace.
In a statement issued on Monday, Falana emphasized that Nigerians’ right to protest against unfavorable government policies is protected by Sections 39 and 40 of the Nigerian Constitution, as well as Articles 9 and 10 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004.
Falana expressed disappointment in President Bola Tinubu for allowing the police to charge protesters, including minors, with treason. He asserted that these actions would not deter Nigerians from demanding good governance.
Falana’s statement read, “Even though charges were filed against several protesters in some state capitals, the Nigeria Police Force decided to arraign 130 protesters, including 29 minors, on 10 counts, including treason and incitement to mutiny by urging the military to remove President Bola Tinubu. The charges were brought before the Abuja judicial division of the Federal High Court.”
Falana highlighted that the Terrorism Prevention Act of 2022 explicitly states that protests, demonstrations, or stoppages of work are not classified as terrorist acts. Despite this, the police sought and obtained an ex parte order to detain the suspects for 60 days to investigate alleged involvement in terrorism.
“Although the police had secured an order to detain the suspects for 60 days, they were held for 92 days before being arraigned in the Federal High Court,” he added. “Among the suspects were 29 children who were malnourished and dehydrated during their arraignment. Due to hunger and exhaustion in the overcrowded courtroom, four minor defendants collapsed and had to be rushed to a hospital.”
Falana further condemned the illegal arraignment of minors, citing Nigeria’s ratification of the United Nations Convention on the Rights of the Child in 2001 and the enactment of the Child’s Rights Act in 2003. He noted that under the Child’s Rights Law, child offenders under 18 cannot be tried in Federal or State High Courts but must appear in Family Court.
Responding to claims by Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, who argued that the minors were properly charged in Federal High Court due to jurisdiction on treason cases, Falana respectfully disagreed. “Even if there was a reasonable suspicion that the minors committed treason, they ought to have been arraigned in a Family Court under section 149 of the Child’s Rights Act. Contrary to this, the minors were charged at the Federal High Court and had been detained with hardened criminal suspects in an anti-robbery facility in Abuja.”
He concluded, “It is crystal clear that the Federal Government set out to use the case of the 130 protesters to discourage Nigerians from protesting against harsh living conditions. Since the plan has backfired, the Federal Government should understand that charging protesters with terrorism, treason, or similar offenses will not deter Nigerians.”
Falana advised the Federal Government to instruct the police to focus on providing adequate security for protests.
He said, “Instead of exposing the country to avoidable shame by charging protesters with a capital offense, the police should be directed to comply with the law by ensuring that protests are conducted peacefully and within the bounds of the law.”
