LAGOS—Prominent rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has criticized the Federal Government for prosecuting Nigerians, especially minors, involved in #EndBadGovernance protests, calling the action a national disgrace.
In his statement, Falana argued that the rights of Nigerians to protest are protected under Sections 39 and 40 of the Nigerian Constitution and Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004. He further criticized President Bola Tinubu’s administration for allowing law enforcement to charge protesters, including minors, with treason, asserting that such measures would not deter citizens from demanding good governance.
The statement detailed that the Nigeria Police Force arraigned 130 protesters, including 29 minors, on multiple charges such as treason and incitement to mutiny. Despite Section 2(4) of the Terrorism Prevention Act 2022, which exempts protests and demonstrations from being classified as terrorist acts, the police secured an ex parte order to detain these protesters for 60 days while investigating alleged terrorism involvement. Falana noted, however, that the detainees were held for 92 days before being arraigned in court. During the hearing, four minors collapsed due to malnutrition and dehydration, highlighting poor treatment while in custody.
Falana also addressed the legality of arraigning minors in Federal Court, pointing out that Nigeria’s Child Rights Act mandates that offenders under 18 be tried in Family Court, not the Federal High Court or State High Courts. He criticized Attorney-General of the Federation Lateef Fagbemi’s defense of the minors’ prosecution under Federal High Court jurisdiction, asserting that even in cases of suspected treason, minors should be tried in Family Court as per Nigerian law.
Falana warned that the government’s approach appears aimed at suppressing dissent but has instead drawn criticism. He urged the government to withdraw the charges, comply with legal standards, and ensure security for peaceful protesters. This, he argued, is the only way to uphold lawful and orderly demonstrations in Nigeria.
