FIDA Nigeria says arraignment of #EndBadGovernance minors contradicts Child Rights Act/Law, demands immediate release

The International Federation of Women Lawyers (FIDA) Nigeria and human rights group, Amnesty International, have asked the Federal Government to release the minors who were arrested over the #EndBadGovernance protest in August.

Asserting that, “The prolonged detention of these minors raises critical questions about the ethical standards of our correctional facilities and judicial system”, FIDA in a statement signed by its Country Vice/National President, Amina Suzanah Agbaje pointed out that “it not only violates their fundamental human rights but also directly contradicts the provisions of the Child Rights Act/Law, which establishes a separate justice pathway for minors.”

The full text of the press release reads:

“The International Federation of Women Lawyers (FIDA) Nigeria, condemns in its entirety the recent reports of children who participated in the #EndBadGovernance protests from various states, being held in correctional facilities for a period exceeding Ninety (90) days. Their visibly malnourished appearance in court in addition to viral news reports of six (6) of these minors fainting in court has cast serious doubts on the adequacy of our legal system to handle juvenile cases.

“These minors were arraigned at the Federal High Court in Abuja on charges of treason, rather than being brought to Family Court within their jurisdiction in their respective states, as mandated by Nigerian law.

“This inhumane treatment not only violates their fundamental human rights but also directly contradicts the provisions of the Child Rights Act/Law, which establishes a separate justice pathway for minors. Such treatment is deeply alarming and highlights the serious flaws in our juvenile justice system, it casts a shadow on Nigeria’s commitment to safeguarding the welfare of its young citizens.

The prolonged detention of these minors raise critical questions about the ethical standards of our correctional facilities and judicial system badly damaging Nigeria’s international image and reputation. Detaining and prosecuting minors in this manner signifies a clear disregard of their rights to legal protection and family support thereby increasing their risk of physical, psychological and emotional harm.

“It is trite that arraigning children in adult courts, especially when they appear visibly malnourished, reflects poorly on our Judicial system and exposes systemic failures in handling juvenile cases.

FIDA Nigeria urgently calls upon all relevant authorities to release these minors immediately as they have been incarcerated for a long time, or ensure their transfer to family court as appropriate for juveniles for fair hearing. We earnestly urge Government agencies to ensure that these children receive immediate medical attention, proper care and nourishment in addition to every legal protection they are entitled to under the law.

“The welfare of Nigerian children should be a priority for us all and not an afterthought! Our justice system must uphold its duty to treat all minors with compassion, dignity and respect.

“FIDA Nigeria remains committed to its mandate of protecting, preserving and promoting the rights of women and children and shall continue to doggedly advocate for the enforcement of these rights. Most importantly, we unequivocally demand for urgent reforms in justice pathways with respect to minors to forestall future violations of the rights of Nigerian children.”

On its part, Amnesty International described their arrest and detention as illegal.

“Amnesty International condemns President Bola Tinubu’s government for the continues detention of minors for participating in the August #EndBadGovernanceInNigeria protests. The attempts to put the minors through a sham trial over alleged ‘treason’ shows the government’s utter disregard for the rule of law. The authorities must release them immediately and unconditionally.”

“Putting minors through these horrifying detentions for participating in protests against hunger and corruption is — so far — one of the deadliest attempts to suppress freedom of assembly. President Bola Tinubu must unconditionally release minors detailed since August:

“In Katsina, at least 12 children under 16-years-old were detained. The children ended up in detention for just being on the streets during the #EndBadGovernance protests. Children with their whole lives ahead of them are now at the risk of being tried on trumped up charges.

“Right now charges of treasonable felony are being read to another group of 43 protesters in the same Federal High Court #Abuja. The Nigerian authorities are only escalating attempts to deprive people the right to peaceful protests, through horrifying detentions and sham trials.

“The government of President Bola Tinubu must uphold the constitutionally and internationally guaranteed human rights of everyone in the country — including the rights to freedom of expression and peaceful assembly. All protesters currently on trial or detained must be released.

“The Nigerian authorities detained these minors unlawfully — putting them through horrifying experiences — for exercising their right to peaceful protest. Government must release them all — immediately and unconditionally.”

Between August 1 and August 10, 2024, protesters trooped out to the streets across Nigeria over the nationwide hardship.

However, some of the protesters were seen waving Russian flag, an action the Federal Government condemned, ordering arrests.

Subsequently, the protesters were arrested in Abuja, Kaduna, Kano, Katsina, Sokoto, Gombe, among others.

Some of those arrested were arraigned at a Federal High Court in Abuja, on Friday.

At least, four of them, including two minors – Yahaya (14 years), Muktar Ishak Alhassan (16 years) – slumped in the court.

However, when the matter was called, Audu Garba counsel of the Inspector-General of Police, informed the court that the matter was slated for arraignment of the 76 defendants, who had been in detention.

Shortly after they were called into the dock to take their plea, four of them slumped in the open court.

Videos and pictures of the incident have triggered anger among Nigerians, particularly on social media

Read Also: [Updated]Despite troubling videos showing malnourished minors arraigned in Fed. High Court Abuja, judge grants N10m bail

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