Human rights lawyer Femi Falana, SAN, has condemned the Nigerian government for prosecuting citizens, including minors, who participated in #EndBadGovernance protests, calling the actions a violation of rights and a national embarrassment.
In a statement, Falana emphasized that Nigerians’ rights to protest are constitutionally protected under Sections 39 and 40 of the Constitution, as well as Articles 9 and 10 of the African Charter on Human and Peoples’ Rights Act.
Falana criticized President Bola Tinubu for permitting the police to bring treason charges against peaceful protesters, including 29 minors. He warned that such heavy-handed measures would not deter citizens from demanding better governance.
The statement elaborated: “Although the Nigeria Police Force filed charges against protesters across multiple states, they specifically arraigned 130 individuals in Abuja, including minors, on charges of treason and incitement to mutiny. The police obtained an ex parte order to detain the protesters for 60 days to investigate alleged terrorism—a claim unsupported by Section 2(4) of the Terrorism Prevention Act 2022, which excludes protests and demonstrations from terrorism classification.”
Falana detailed the prolonged detention conditions, noting that the police held some protesters for 92 days, including 29 children who arrived at court visibly malnourished. During arraignment, four minor defendants collapsed due to hunger and exhaustion in a crowded courtroom and had to be rushed to a hospital.
Addressing the legality of prosecuting minors, Falana pointed out that Nigeria ratified the United Nations Child’s Rights Convention in 2001 and enacted the Child’s Rights Act in 2003, adopted by all 36 states. According to the law, minors should face trial in a Family Court, not in the Federal High Court. However, these children were instead arraigned on treason charges alongside adult criminal suspects.
Falana disputed the claim by Attorney-General Lateef Fagbemi, SAN, that the Federal High Court has exclusive jurisdiction over treason-related matters, stating that even if minors were suspected of treason, they should have been brought before a Family Court per section 149 of the Child’s Rights Act.
Falana concluded: “The Federal Government’s decision to prosecute these 130 protesters with terrorism, treason, and related charges reflects an attempt to stifle Nigerian voices demanding better living conditions. Rather than intimidating citizens, the police should be mandated to provide security for peaceful protests. This approach will ensure that public demonstrations remain civil and lawful, avoiding further damage to the country’s international reputation.”
