#EndBadGovernance: Africa’s Human Rights Body Demands Probe into Detention of Protesters, Minors

Chuks Okocha in Abuja

The recent arrest and prosecution of over 100 persons, including minors, detained over August’s #EndBadGoverance protest has alarmed Africa’s highest human rights body, the Africa Commission on Human and People’s Rights (ACHPR), which has now demanded a thorough probe into possible mistreatments of the detainees.

“The African Commission is alarmed by reports that those detained, including the minors, have endured inhumane conditions for an extended period with little regard to their due process rights,” the ACHPR said in a statement at the weekend.

“Such conditions of detention may amount to violation of Article 5 of the African Charter and the right to due process of the law guaranteed under Article 7 of the African Charter,” it added.

In the statement by its Nigeria country rapporteur on human rights, Solomon Dersso, ACHPR called for an independent investigation into the conditions in which the Nigerian government detained protesters, including minors over the August #EndBadGovernance protest.

“The commission urges a comprehensive and independent investigation into the conditions under which the detainees are held. Such an investigation should ensure accountability for any inhumane treatment and verify that Nigeria’s detention facilities meet standards that uphold detainees’ dignity and health,” he said.

 The government was, until last week, prosecuting over 100 people including minors, who had been detained continuously for more than 90 days.

Concerns over the development heightened after two of the visibly malnourished minors and two other persons said to be of adult age slumped in court. The government, following public outrage, withdrew the charges and released the minors.

Lawyers said the government violated the provisions of the Child’s Rights Act (2003) in prosecuting the minors.

The police denied this but the ACHPR is calling for an investigation into it as the commission received reports of mistreatment of the detained persons.

Dersso, the ACHPR’s top representative in Nigeria, according to Premium Times, said the reports received by the commission indicate that “as many as 76 people, including children as young as 14 years old, have been detained, under conditions that do not meet minimum standards of human dignity and care in Nigeria.”

He said the prosecution of protesters may also amount to excessive restriction of freedom of assembly.

He added that the government’s action could also hurt human rights in Nigeria and the country’s human rights record.

“Of utmost concern for the African Commission is the risk of the treason charges carrying the death penalty,” he said.

The commission, therefore, called on the Nigerian government to end the inhuman condition of detention with due regard to the best interest of children.

It also asked the Nigerian government to ensure the detainee’s right to due process of the law under Article 7 of the African Charter on Human and Peoples’ Rights and the Principles and Guidelines on the Right to Fair Trial and Legal Assistance under the African Charter.