Falana Condemns FG’s Action Against #EndBadGovernance Protesters, Labels It A Disgrace

Falana Condemns FG’s Action Against #EndBadGovernance Protesters, Labels It A DisgraceRenowned human rights activist and Senior Advocate of Nigeria, Femi Falana, has strongly criticized the Federal Government’s decision to prosecute Nigerians, including minors, who participated in the recent #EndBadGovernance protests. Falana condemned the actions as a “disgrace to Nigeria” and a violation of citizens’ constitutional rights to protest.....KINDLY READ THE FULL STORY HERE▶

In a statement issued on Monday, Falana argued that Nigerians are constitutionally protected in their right to protest under Sections 39 and 40 of the Nigerian Constitution, as well as Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004. He further criticized President Bola Tinubu for permitting law enforcement agencies to charge protesters, including minors, with serious offenses like treason.

The statement detailed the legal actions taken against 130 protesters, including 29 minors, who were arrested and charged in the Federal High Court in Abuja. The protesters face multiple charges, including treason, incitement to mutiny, and urging the military to remove President Tinubu. Despite the fact that protests are explicitly excluded from being classified as terrorist acts under Section 2(4) of the Terrorism Prevention Act, the police sought and obtained an ex parte order to detain the protesters for 60 days while investigating them for alleged involvement in terrorism.

Falana further criticized the unlawful detention, noting that although the suspects were initially granted a 60-day detention order, they were held for 92 days before being brought before the Federal High Court. He pointed out that the detained minors were subjected to harsh conditions, including malnutrition and dehydration, leading to the collapse of four minors who were rushed to a hospital.

On the issue of charging minors in the Federal High Court, Falana highlighted that Nigeria ratified the United Nations Convention on the Rights of the Child in 2001 and enacted the Child’s Rights Act in 2003. This law prohibits the trial of minors in regular courts for offenses like treason, instead requiring such cases to be handled in a Family Court. Falana criticized the Federal Government’s stance, stating that even if there were grounds for suspecting the minors of treason, they should have been tried in a Family Court, not the Federal High Court, as was done in this case.

Falana also addressed the Attorney-General of the Federation’s claim that the Federal High Court had jurisdiction in the matter because of the nature of the charges. He countered this by pointing out that the Federal High Court does not have exclusive jurisdiction over treason cases, and that the minors’ arraignment in this court was illegal under the Child’s Rights Act.

“The Federal Government has sought to use this case to intimidate Nigerians into silence over their harsh living conditions. However, the strategy has backfired. Charging protesters with terrorism, treason, and similar offenses will not deter Nigerians from standing up for their rights,” Falana said.

He concluded by urging the government to reconsider its approach, advising that instead of charging protesters with capital offenses, the police should focus on ensuring the peaceful and lawful conduct of protests by providing adequate security. He emphasized that this is the proper way to uphold the rule of law and protect citizens’ rights to protest.

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