In a statement released yesterday, Falana emphasized that Nigerians’ rights to protest are enshrined in the Constitution, particularly under Sections 39 and 40, as well as in Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004.
Falana further criticized President Bola Tinubu’s administration for permitting the law enforcement to charge protesters, including minors, with serious offenses such as treason.
The statement reads, “Despite charges being filed against multiple protesters across various state capitals, the Nigeria Police Force decided to arraign 130 protesters, including 29 minors, on 10 counts, such as treason and inciting mutiny by urging the military to remove President Bola Tinubu, before the Abuja division of the Federal High Court.”
He added, “Although Section 2(4) of the Terrorism Prevention Act 2022 specifies that protests are not considered terrorist acts, the police managed to obtain an ex parte order to detain the suspects for 60 days on charges of terrorism. Despite this, they were held for 92 days before their eventual arraignment, with some minors being malnourished and collapsing due to exhaustion during the proceedings.”
Falana also raised concerns over the illegal arraignment of minors, noting that Nigeria ratified the United Nations Child’s Rights Convention in 2001 and enacted the Child’s Rights Act in 2003. He pointed out that under the Act, minors should be tried in a Family Court, not the Federal High Court. Yet, the minors were charged with treason in the Federal High Court, which Falana believes violated the law and their rights.
He concluded by stating, “It is clear that the Federal Government intended to use this case to intimidate Nigerians and discourage protests against harsh living conditions. Instead of charging protesters with grave offenses, the government should ensure that protests are protected and conducted peacefully in accordance with the law.