*“We Were Starved and Locked Up with Criminals” – Released Minors Describe Ordeal *Legal and Human Rights Community Urges Compensation and...
*“We Were Starved and Locked Up with Criminals” – Released Minors Describe Ordeal
*Legal and Human Rights Community Urges Compensation and Reform
*State Governments and Civil Society Step In
*CISLAC Commends Presidential Action but Calls for Systemic Reform
*Addressing the Rights of Minors in Detention: A Legal Perspective
By Ammar M. Rajab
In response to the
recent release of minors detained during the #EndBadGovernance protests, legal
practitioners and human rights advocates are calling on President Bola Tinubu
to provide comprehensive rehabilitation and compensation for the young
detainees. These calls follow widespread public outcry over the minors'
treatment during detention, which allegedly involved food deprivation and
confinement alongside adult criminals.
The release, ordered by
President Tinubu, came after significant public criticism. Justice Obiora
Egwatu of the Federal High Court in Abuja dismissed the charges against the
minors, with the Attorney-General supporting the application to drop the case.
Vice President Kashim Shettima encouraged the youths to use their experience as
a turning point for a brighter future. However, legal experts argue that
additional measures are needed to address the trauma and rights violations the
minors reportedly endured.
“We Were Starved and Locked Up with Criminals” – Released
Minors Describe Ordeal
Several of the minors
shared disturbing accounts of their detention experience, alleging mistreatment
and inadequate food. “We saw hell; we suffered a lot,” said Umar Ali, a
15-year-old detainee, adding, “We sometimes stayed for three days without food.
And even when we were given food, it was not enough.” Another minor, Ibrahim
Aliyu Musa, described being housed with “hardened criminals” and receiving
insufficient and unappetizing meals. One 13-year-old boy recounted being
wrongly accused of displaying a foreign flag, resulting in his arrest and
transfer to Abuja, where he was detained at the Abattoir SARS facility
alongside adult inmates.
The Nigeria Police
Force denied the allegations of mistreatment, asserting that the minors were
not detained with criminals and accusing critics of spreading false narratives
to tarnish the force’s reputation.
Legal and Human Rights Community Urges Compensation
and Reform
Senior Advocate of Nigeria (SAN) Wahab Shittu praised the president's order to release the minors but emphasized the need for further action. “The president should go a step further by rehabilitating, re-orientating, and compensating the victims through comprehensive welfare schemes that address their immediate concerns,” he said, noting that this approach would demonstrate government sensitivity to public sentiment.
Joseph Otteh, convener
of Access to Justice, criticized the initial arrests, calling them “reckless
and ill-advised.” He argued that the accusations of terrorism and treason were
unfounded and that the minors were exercising their constitutional rights. “The
Constitution makes it clear that when individuals are unjustly detained, it is
incumbent on the arresting authority to actively apologize and compensate
them,” he said, adding that detention conditions violated the presumption of
innocence.
The case has also drawn
attention to broader issues within Nigeria’s criminal justice system. Professor
Damilola Olawuyi, another SAN, cited Nigeria's obligations under international
law, particularly the Convention on the Rights of the Child, which mandates
prioritizing minors' welfare in judicial proceedings. “Detaining children in
inhumane and repressive conditions is not only illegal but also an avoidable
embarrassment to Nigeria,” Olawuyi stated, urging an investigation into the
officials involved in these alleged violations.
State Governments and Civil Society Step In
Kano State Governor
Abba Yusuf pledged to support the released minors, providing them with medical
and psychological evaluations and planning their educational reintegration.
Yusuf commended President Tinubu for his intervention, vowing to ensure the
children receive a second chance through schooling and vocational support. “I
will ensure that these children get a second chance at a normal life by
enrolling them in local schools and providing opportunities for their rehabilitation
and personal growth,” Yusuf said.
In Kaduna, the state
government took similar steps, providing each released minor with ₦100,000 and
a smartphone as part of their reintegration. Represented by Secretary to the
Kaduna State Government, Dr. Abdulkadir Muazu Meyere, Governor Uba Sani also
announced potential educational and entrepreneurial support for the minors,
pledging continuous oversight as they reintegrate. “The government will monitor
the behavior of each child, offering further assistance based on their
conduct,” Meyere said.
Civil Society Commends Presidential Action but Calls
for Systemic Reform
The Civil Society
Legislative Advocacy Centre (CISLAC) lauded President Tinubu’s directive to
release the minors, with Executive Director Auwal Rafsanjani underscoring the
need for transparency and justice. Rafsanjani also advocated for a thorough
investigation into the circumstances of the minors’ detention and
accountability for any officials who violated their rights. “This directive
should extend to other detained protesters to foster unity and openness in
addressing citizens’ grievances,” he stated.
Rafsanjani called for
significant judicial reforms, including measures to curb corruption in the
judiciary and police, to restore public confidence. He urged the president to
prioritize human rights training and capacity building within law enforcement
to align with international standards, emphasizing that “a reformed judiciary
will not only strengthen the rule of law and democracy but also increase
confidence among international investors.”
Addressing the Rights of Minors in Detention: A
Legal Perspective
Legal experts stress
that Nigerian law, through the Child Rights Act and the Children and Young
Persons Law, distinguishes between minors and adults in the justice system,
especially in cases involving detention. SAN Kunle Adegoke highlighted that
minors cannot be tried as adults and are usually directed to juvenile
facilities for correctional processes. “Children cannot be prosecuted in the same
way as adults,” he said, noting that the defense attorneys would likely have
questioned the court’s jurisdiction over these minors.
Professor Sam Erugo
echoed this sentiment, emphasizing that Nigerian law mandates special treatment
for minors accused of crimes, including family court trials to protect their
identities. “Detaining children in adult facilities violates both the law and
their basic rights,” Erugo stated, criticizing police misrepresentations in
such cases.
Under the Child Rights
Act, detention of minors is meant to be a last resort and as brief as possible,
with alternatives such as educational placements prioritized. The act also
stipulates that detained children should receive comprehensive care, including
psychological, medical, and vocational support. Wolemi Esan, another SAN,
argued that it remains unclear whether these standards were observed during the
minors’ detention in connection with the August protests.
Ongoing Advocacy and the Way Forward
The minors' ordeal has
reignited calls for judicial and police reform in Nigeria, with advocates
underscoring the importance of transparency, accountability, and legal
protections for all citizens, particularly minors. CISLAC’s Rafsanjani
suggested that the government should engage citizens in civic education, led by
the National Orientation Agency, to foster active, informed participation.
In response to youth
concerns, Rafsanjani urged the president to establish a structured dialogue
with Nigerian youths on poverty, corruption, and security issues, warning
against political influence that could derail genuine engagement. “The
president must surround himself with reliable and impartial advisors to ensure
that this initiative genuinely addresses the root causes of youth discontent,”
he concluded.
As public attention
intensifies, advocates continue to push for government accountability and
ensure the children’s reintegration and future welfare, calling this an
essential step for national healing and the reinforcement of Nigeria’s
commitment to human rights.
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