By Sonnie Ekwowusi
The continued detention of the EndBadGovernance protesters by the Tinubu administration demonstrates that the administration has blossomed into full-blown despotism and totalitarianism. It is no wonder that the international human rights watchdog, Amnesty International, has recently called for the immediate and unconditional release of over 1,000 #EndBadGovernance protesters who are currently in prison custody nationwide due to their participation in the recent nationwide #EndBadGovernance protest.
Similarly, the Catholic Bishop Conference of Nigeria (CBCN), Transparency International (TI), renowned human rights activist Femi Falana SAN, and others have vociferously urged the federal government to expedite the release of the #EndBadGovernance protesters and other individuals being detained in connection with the protest.
According to Falana, no fewer than 2,111 protesters have been arrested in connection with the nationwide protest, out of which 1,403 have been secretly arraigned in various courts and ordered to be remanded in prison custody due to lack of legal representation.
This follows the surreptitious granting of a 60-day extension to the police by Justice Emeka Nwite of the Federal High Court in Abuja to detain 124 alleged protesters, including at least 22 minors. In another development, a Federal High Court in Abuja has issued an order freezing the bank accounts of 32 individuals and companies allegedly linked to the #EndBadGovernance protest.
Meanwhile, the Campaign for Democratic and Workers’ Rights (CDWR) has drawn the attention of the federal government to the deteriorating health of some of the detained protesters, particularly Michael Adaramoye, Mosiu Sodiq, and Eleojo Opaluwa.
The nationwide #EndBadGovernance protest spanned ten days, from August 1 to 8, 2024. It is noteworthy that, prior to the protest, the federal government and some state governments openly acknowledged that the right to protest is a constitutional right and, therefore, urged the would-be protesters to conduct their protest in a peaceful manner devoid of violence.
The Lagos State government not only permitted the would-be protesters to protest but also directed them to do so in designated places in Lagos. It is therefore surprising that the protest has drawn the ire of the Tinubu government, culminating in the arrest and detention of over 1,000 protesters, including minors aged 14-17, who have been thrown into prison on accusations of terrorism, treason, and treasonable felony under the Terrorism (Prevention & Prohibition) Act.
The minors being detained include: Muktar Ishaq Alhassan, 16; Sani Aliyu, 17; Mahmud Mustapha, 16; Umar Abdullahi, 17; Habibu Sani, 17; Mustapha Abubakar, 17; Sani Hassan Idris, 17; Abdulrahaman Ibrahim, 17; and Salisu Adamu, 16. Others are Bilal Auwalu, 15; Amir Muhd, 17; Abdul’aziz Adam, 15; Sadiq Sunusi, 15; Ibrahim Sani, 17; Hassan Muhd, 17; Saifullahi Muhd, 15; Umar Ali, 17; Musa Isyaku, 15; Muhd Musa, 14; Usman Amiru, 14; Abdulganiyu Musa, 15; and Sunusi Nura, 14.
If the federal government had initially acknowledged the right of the protesters to protest under the Constitution and even permitted the protesters to go out and protest, why is the same federal government now turning around to arrest and detain the protesters, accusing them of committing terrorism, and treasonable felony? Why detain harmless minors who probably joined the protest for the fun of it?
It is unfortunate that the Tinubu administration has been unlawfully arresting, torturing, and detaining some of the protesters and promoters, contrary to sections 39 and 40 of the 1999 Constitution, which guarantee the right to freedom of expression and assembly. Additionally, the government has been unlawfully freezing the bank accounts of some of the #EndBadGovernance protesters and promoters.
The aforesaid actions of the Tinubu administration are illegal and unconstitutional. The continued detention of these protesters and the freezing of their bank accounts are capable of triggering another round of protests. We have yet to recover from the damaging effects of the last wave of protests, yet the government is not laying the groundwork for peace. Instead of giving peace a chance, the government is persecuting the #EndBadGovernance protesters and promoters.
Why should citizens suffer prolonged incarceration for exercising their fundamental rights and expressing their views about Nigeria? The truth is that young people in this country—those in the age bracket of, say, 18 to 45, who could technically be categorized as the younger generation—are seething with anger, perhaps now more than ever, over the way they are constantly being shortchanged in Nigeria. They are angry about the country’s deteriorating politics, increasing youth unemployment, the failed education system, and, in short, about everything. They are angry that President Tinubu is living in a lap of wasteful expenditure and opulence at the expense of the Nigerian people, who are dying of hunger and human misery.
The paradox is that Nigerian youth constitute a significant percentage of our population, yet they are completely marginalized in the scheme of things.
The worrisome aspect is that while the government has developed a proclivity for arresting and detaining young people on any flimsy excuse, political office holders who have looted the treasury are freely walking the streets untouched. Do we have two criminal justice systems in Nigeria—one for the rich and another for the poor?
The painful aspect is that while there are abundant laws against police brutality and human rights violations in Nigeria, the Nigerian police still go about arresting and detaining suspects and dumping them in prison without bail or trial. As clearly stipulated in our 1999 Constitution, every citizen is presumed innocent until proven guilty by a court of law of competent jurisdiction.
Additionally, any person who is arrested or detained shall be informed in writing within 24 hours, in a language they understand, of the facts and grounds for their arrest or detention. If a person is arrested either for the purpose of being charged in court or upon reasonable suspicion of committing an offense, they must be charged in court within a reasonable time not exceeding 48 hours, failing which they should be granted bail.
Therefore, the Tinubu administration is urged to immediately initiate the processes for the release of the #EndBadGovernance protesters. The government should halt any further clampdown on #EndBadGovernance protesters. Nothing is gained by seeking revenge against these protesters and their supporters. After all, they are our children. Rather than wage war against our youth, the government should, in the coming weeks, order the release of the detained young protesters. It is self-destructive to continue shortchanging the young people, the leaders of tomorrow.
The beauty of democracy, in contrast to the totalitarianism and dictatorship we witnessed during the military regimes in Nigeria, is that citizens are free to express their opinions without any form of intimidation, persecution, or victimization. The rule of law ought to reign supreme over the arbitrary and capricious exercise of power.
Arbitrarily arresting peaceful protesters undermines the rule of law and further erodes public trust in the Tinubu government. Peaceful protest is a fundamental human right enshrined in the Nigerian Constitution. The detention of a suspect in prison without bail or trial is unconstitutional and actionable in law. In a democracy, the government must respect the voices of its citizens. Peaceful protests are a means for people to express their views, grievances, and demands.
Suppressing a peaceful protest by young people undermines democratic principles and can lead to more protest against the government. Nigeria is a signatory to various international treaties and conventions, such as the International Covenant on Civil and Political Rights (ICCPR), which protect the rights to freedom of assembly and expression.
Arresting peaceful protesters flagrantly violates these obligations and can damage Nigeria’s international reputation. When citizens are denied the right to protest, they may resort to other, less peaceful means of expressing their dissatisfaction. This can lead to instability, violence, and disruption of public order, which is detrimental to the nation as a whole.
