Inhumane Conditions of #EndBadGovernance Minors, Police Obstinacy as a Blight on the Child Rights Act 

The pre-trial conditions of the 32 minors who were arrested over the#EndBadGovernance protest since August this year, and arraigned just last Friday in an Abuja Federal High Court, has sparked considerable criticism of the IGP Kayode Egbetokun-led Nigerian Police Force, especially in the face of the obstinacy by the police that the minors put up a show in court to attract sympathy. Also eliciting anger was the bail conditions, throwing light on the inadequacies of the judicial system. Chiemelie Ezeobi writes that the failure to adhere to the Child Rights Act was a blight on the country, spurring demands for justice reform and adherence to human rights

From August 1-10, 2024, the EndBadGovernance Protest held across the country as a movement to highlight the frustration many Nigerians feel about the widespread economic hardship, governance inadequacies, and living conditions. 

The protest brought together a coalition of youth and civil society activists, demanding immediate reforms especially a reduction in government spending, a reimplementation of the petrol subsidy, policies to ensure food security, and tighter fiscal discipline. 

Though largely peaceful, the protest escalated into pockets of violence in certain areas, leading to looting, vandalism, and clashes with authorities. This unrest prompted a swift government crackdown, resulting in numerous arrests, including minors.

Arrest, Prolonged Detention and Re-arraignment

While the protest had come and gone, the fallout of it still echoes, especially for the 32 minors who were arrested across Kano, Plateau, Gombe, Kaduna and Abuja, on charges of public destruction of property and treason for hoisting Russian flags. 

Since their arrest, these minors have faced prolonged detention in conditions that have sparked both domestic and international concern. 

After nearly three months in custody, they were last Friday re-arraigned at the Federal High Court in Abuja—a scene that quickly descended into chaos and cast a renewed spotlight on Nigeria’s justice and detention systems. Six of the minors collapsed and those who could still stand on their feet, were looking so worn, malnourished and weak. 

Expectedly, the courtroom quickly descended into disarray as distraught families, legal representatives, and activists rushed to aid the collapsed minors. This prompted the judge to grant bail at an enormous N10 million for each detainee, a figure widely regarded as unaffordable and illogical for the families involved.

Reactions Trail Incident 

Across board , Nigerians took to different social media platforms to condemn the police and the criminal justice system.  The widespread condemnation came from the Nigerian Bar Association (NBA), human rights organisations, Nigerians, and prominent leaders, all unanimously agreeing that the nation failed the minors. 

The incident also spurred calls for greater transparency and accountability within Nigeria’s judicial and correctional systems. Mazi Afam Osigwe, SAN, a senior advocate of Nigeria, called the conditions of detention deplorable and criticised the justice system.

 “It does not make us look good at all. It makes the credibility of our correctional facilities and our pre-trial detention condition questionable and deplorable. Every effort must be made either to release them immediately or, if the government insists on trying them, to ensure they are close to their families,” Osigwe urged.

Political figures have also weighed in on the issue, urging the government to prioritise justice and compassion in handling the cases of these young detainees. 

Atiku Abubakar, a former vice-president and a prominent opposition leader, expressed his dismay over the conditions in which these minors are held, noting that Nigeria’s youth are the country’s “most valuable resource” and deserve better treatment.

 “We cannot speak of progress if we trample on the rights of our own children. These young ones deserve fair treatment, compassion, and an opportunity to grow in a country that cares for its future,” Atiku stated.

Peter Obi, another opposition leader and former governor of Anambra State, also expressed concern, stating that the government’s treatment of the minors could set a dangerous precedent. 

Obi, an advocate for youth rights and empowerment, urged a more humane approach, arguing that detention without due process could only exacerbate Nigeria’s social divisions.

 “The youth are the backbone of our society, and their voices must be heard, not silenced. We must strive for a Nigeria where every young person feels they have a future worth fighting for—one that includes their freedom, health, and dignity,” he remarked.

Government Response and Assurances

In response to the mounting criticism, Youth Development Minister Ayodele Olawande assured the public that efforts were underway to address the minors’ conditions and improve the welfare of young people in detention nationwide.

 Olawande, in a statement, announced that his ministry was “engaging with the Ministry of Interior towards ascertaining the facts of the situation and improving the welfare of the young people being held.” 

He assured Nigerians that the government remains committed to safeguarding the interests of the youth.

Afterwards, following the outcry over the detention of minors, the Attorney General of the Federation (AGF), Lateef Fagbemi, addressed the issue, recognising the public’s concerns and underscoring the government’s commitment to upholding the law and protecting the rights of all detainees, including minors. 

In his statement, Fagbemi expressed concern about the conditions reported in the case and reiterated that the Ministry of Justice is reviewing the situation to ensure that the treatment of these minors aligns with Nigeria’s legal standards.

Despite these assurances, the treatment of minors has raised significant questions about Nigeria’s adherence to human rights standards and its treatment of vulnerable populations within the legal system as it reflects a broader systemic issue, where young detainees are often held in substandard conditions for extended periods without adequate oversight.

Contrary Position of the Police 

In contrast, the police attempted to defend the arrests as a necessary measure to maintain order and enforce the law. Force Public Relations Officer, ACP Olumuyiwa Adejobi, first clarified that “Only those below the ages of seven are not liable under the law. None of the children in court are less than seven, the youngest is 13.”

Under Nigerian law, he said individuals who have reached the age of criminal responsibility are answerable for their actions, regardless of their age. He further cautioned Nigerians against making conclusions before the completion of due process.

On the state of the minors, he claimed that medical care was immediately provided to those who collapsed and insisted that the police were maintaining a “compassionate” approach. “

This position was in contrast to the statement signed for the Inspector General of Police, Kayode Egbetokun, who said the minors had pulled the stunt to elicit public sympathy. 

“An unexpected incident in court saw six of the suspects suddenly rush out and faint, drawing media attention in a deliberate and scripted manner to draw negative attention,” he said. 

What Does the Child Rights Act Say about Detention of Minors

Under Nigerian law, the detention and treatment of minors are governed by the Child Rights Act (CRA) 2003. This legislation, modelled after the United Nations Convention on the Rights of the Child, outlines specific protections and rights for minors to ensure their humane and appropriate treatment within the justice system.

 While the CRA has been adopted federally, some states have yet to fully implement it, which sometimes leads to discrepancies in the treatment of minors across Nigeria.

Contrary to claims by Adejobi, amongst other things, the Child Rights Act includes several key provisions that relate directly to the detention of minors and they include the “Right to Fair Treatment”,  which stipulates that every child in Nigeria has the right to fair treatment within the justice system. This includes the right to a fair hearing and the assurance that they will be treated with dignity and respect, an assurance they did not get given the state of the minors in court. 

Another provision was the “Detention as a Last Resort”, which stipulates that the detention of children should only be used as a last resort and, if unavoidable, should be for the shortest period possible. The Act encourages alternatives to detention, such as counseling, probation, or other community-based measures.

Another stipulation is the “Separate Facilities” when detention is unavoidable. The CRA requires that children be held in facilities separate from adult detainees to protect them from potential abuse and harmful influences. This separation aims to ensure a safer, age-appropriate environment focused on rehabilitation rather than punishment.

In the “Right to Health and Basic Needs”, detained children are entitled to adequate food, medical care, and educational opportunities while in custody as the CRA mandates that these minors’ basic needs be met in line with their rights, ensuring their physical and psychological well-being.

Most importantly, “Rehabilitation and Reformation Focus” emphasises that any detention should focus on the child’s rehabilitation and reintegration into society. Correctional or juvenile facilities must provide counseling, education, and support to address the root causes of any offenses and aid the child’s development and reformation.

In the light of all these principles, the recent case of the detention of minors over the #EndBadGovernance protests, have highlighted potential lapses in the adherence to these guidelines, sparking public debate and criticism.

While acknowledging that the CRA mandates a humane and rehabilitative approach to handling minors in conflict with the law, the attorney general however assured that his office is working to investigate any potential violations. 

“The law is clear about the rights and welfare of minors, and any reported lapses are being taken seriously,” Fagbemi stated, adding that he had directed relevant agencies to conduct a full review of the circumstances surrounding the detention.

Fagbemi also confirmed that the Ministry of Justice would be collaborating with the Ministry of Youth Development and the Ministry of Interior to assess and improve the conditions of juvenile detainees across Nigeria. 

He underscored the government’s commitment to transparency and accountability in the justice process, particularly regarding minors. “Justice must be served, but it must also be compassionate,” Fagbemi remarked, promising to ensure that all parties’ rights are respected.

Way Forward and Path to Justice and Reform

The case of these minors detained over the #EndBadGovernance protest has become emblematic of the broader challenges facing Nigeria’s justice and detention systems. As public figures and rights organisations continue to press for reform, there is hope that the government will take meaningful action to address these grievances and create a more humane and accountable judicial process.

The coming weeks will be pivotal as the government seeks to balance justice with compassion, striving to respect the rights of its youngest citizens while addressing the broader issues raised by the protests. 

For now, the families of those detained wait anxiously, hoping for a swift and fair resolution that ensures both accountability and compassion for the minors caught in the protest’s aftermath.

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The youth are the backbone of our society, and their voices must be heard, not silenced. We must strive for a Nigeria where every young person feels they have a future worth fighting for—one that includes their freedom, health, and dignity…Justice must be served, but it must also be compassionate….

Caption 

The minors in court for charges of terrorism and destruction of property