At the public presentation of a research report titled “Beyond the Protests: An Explanatory Study of the #EndBadGovernance protest in Nigeria,” organized by Kimpact Development Initiative in Abuja, the Nigerian Police and National Human Rights Commission got into a heated argument on Friday regarding the legitimacy of imprisoning minors arrested at protest sites for felony and treasonable offenses.
Widespread protests under the #EndBadGovernance movement were held in August of last year in Nigeria to express public discontent with the country’s economic hardships and governance problems.
But as the protests intensified, 76 people—including 30 minors—were arrested and charged with treason and inciting a military coup.
The Inspector General of Police had charged them with 10 counts that included, among other things, calling on the military to overthrow President Bola Tinubu’s government, treason, and inciting mutiny.
The President was forced to pardon them after the outcry over their prolonged detention, and NHRC Executive Secretary Anthony Ojukwu responded on Friday, saying that the way the police handled the children’s prosecution without due process was unprofessional.
Benedict Agu, the commission’s Head of Monitoring, represented Ojukwu.
He said, “It is true the law says no child below seven is liable for prosecution. But as a human rights advocate, we disagree with the police with regard to how those minors were treated. We were among the first few people to interview these children when they were remanded.
“The challenge we had was trying to know the rationale behind bringing up and charging these children for treason. As we all saw, some of them even collapsed in the courtroom.
“So what should be the basis for a mature officer of the law to say that a child who raises another country’s flag is guilty of treason? After all, the same law says there should be a particular due process that should be followed. Why didn’t they follow it?”
However, Olumuyiwa Adejobi, the Force Public Relations Officer, pointed out that while the police did not oppose nonviolent protest, they did oppose violence, and any action intended to overthrow the current government was treasonous.
According to the police spokesperson, the suspects were teenagers rather than the seven-year-olds that were being promoted on social media.
Adejobi’s deputy, CSP Victor Isuku, also attended the event on his behalf.
He said, “As of today, the Nigerian Police recognises protests based on a court judgment. If you check online and look at our press releases during the last #EndBadGovernance protest, you will realise the police are not against peaceful protests.
“When you are below seven years, you may not be criminally liable. Let us not play to the gallery. We shouldn’t, because of emotion, throw away the baby with the bath water. The same lawyers who came to lobby and pray the government to capitalise on that incident (#EndBadGovernance protest) at that period are the same people manipulating these suspects.
“Is there anybody that is below 12 years among the suspects? So, when you use the word minors, the law is very clear. The procedure for prosecution of minors is spelled out in the Child Rights Act. What we charged for was a serious offence that included treason.”
In a similar vein, Yemi Adamolekun, the Executive Director of Enough is Enough Nigeria, expressed worry that it is concerning that children are now being jailed for just expressing their annoyance.
Adamolekun also expressed disapproval of the growing number of pro-government demonstrations, which she said are intended to silence and stifle dissenting opinions nationwide.
Earlier in his speech, Bukola Idowu, the Executive Director of KDI, highlighted that their research revealed that demonstrations like #EndSARS and #EndBadGovernance have demonstrated the extraordinary ability of citizen action to influence our country’s destiny.
According to Idowu, the study also explored the intricacies and ramifications of protests in Nigeria, looking at important aspects including regional reactions, governance ramifications, human rights, the rule of law, and the revolutionary role that social media plays in promoting civic engagement.
“Nigeria has a history of protests dating back to the colonial era. However, recent movements have demonstrated that protests are not merely expressions of dissent but powerful catalysts for social change.
“By exploring the #EndBadGovernance movement, we aim to contribute to a deeper understanding of the factors driving protests and their impact on governance and human rights. This report transcends being a mere research output; it is a clarion call to action,” he stated.