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SERAP Gives Tinubu 48 Hours to Release Malnourished Children

The Socio-Economic Rights and Accountability Project (SERAP) has issued a 48-hour ultimatum to President Bola Tinubu, urging him to instruct the Attorney General of the Federation, Mr. Lateef Fagbemi, SAN, to ensure the immediate release of detained #EndBadGovernance protesters, including 32 children reported to be malnourished and in critical health.

In an open letter dated November 2, 2024, signed by SERAP Deputy Director Kolawole Oluwadare, the organization called on Tinubu to take decisive steps to address the conditions under which these children and other protesters are being held. SERAP emphasized that the detainees, held solely for peacefully exercising their rights, face serious health risks and are being denied adequate access to education and healthcare.

SERAP’s letter implores the president to investigate the circumstances surrounding the children’s detention and bring those responsible for any human rights abuses to justice. The organization also urged the administration to provide the detained children with immediate medical attention, stressing that their deteriorating health conditions make this intervention urgent.

The letter, which was also sent to Dr. Matthew Gillett, Chair-Rapporteur of the UN Working Group on Arbitrary Detention, highlights the wider implications of the detentions. “The ongoing arbitrary detention of peaceful protesters fosters a climate of fear, suppressing citizens’ willingness to exercise their rights and leading to a broader chilling effect,” SERAP stated.

The human rights group also criticized the government’s handling of the #EndBadGovernance protesters, noting that among the detainees are children whose detention contravenes international standards. “The detention of these children is a clear violation of their rights to education, freedom, and human dignity,” SERAP asserted. “Children should be in school, not languishing in detention.”

According to SERAP, 76 protesters, including the 32 children, were arrested during nationwide protests in August, primarily targeting economic hardship and governance issues. These protests occurred in various locations, including Abuja, Kaduna, Gombe, Jos, Katsina, and Kano states. The detainees have reportedly been in custody for three months and were recently arraigned on charges including treason and incitement to mutiny. However, SERAP insists that the protests focused on demands for economic reform, such as reduced governance costs, reinstatement of the petrol subsidy, and food security.

During a recent court appearance, several young detainees reportedly collapsed in the courtroom from malnutrition and ill health, requiring emergency medical intervention.

SERAP further referenced Nigeria’s obligations under the UN Convention on the Rights of the Child and the Child Rights Act, stressing that the detention of children for peaceful protest contravenes these international and domestic legal standards. “Children have the right to express their views on matters affecting them. Your government has a responsibility to create an enabling environment that protects and promotes the rights of young people,” the letter read.

The organization underscored that under international law, specifically the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), all detainees have the right to humane treatment, including access to adequate food, water, and medical care.

Should the government fail to respond within 48 hours, SERAP warned that it would consider appropriate legal action to ensure compliance with its requests. “We remain concerned that Nigerian authorities are increasingly weaponizing the criminal justice system to suppress the rights to free expression, assembly, and peaceful protest,” SERAP concluded.