The African Commission on Human and Peoples’ Rights, through its Country Rapporteur on Human Rights in the Federal Republic of Nigeria, Honourable Commissioner Solomon Ayele Dersso, PhD, follows with deep concern the reported detention and mistreatment of detained persons, including minors, who are facing treason charges related to their participation in protests held in August 2024.
The Commission has received various reports during the past weeks indicating that as many as 76 people, including children as young as 14 years old, have been detained, under conditions that do not meet minimum standards of human dignity and care in Nigeria.
The African Commission expresses its concern that the reported charging of protestors, children included, for treason not only may amount to excessive restriction to freedom of assembly but also has adverse effects on human rights in Nigeria and on the country’s human rights record. Of utmost concern for the African Commission is the risk of the treason charges carrying death penalty.
The African Commission is alarmed by reports that those detained, including the minors, have endured inhumane conditions for an extended period of time with little regard to their due process rights. Such conditions of detention may amount to violation of Article 5 of the African Charter and the right to due process of the law guaranteed under Article 7 of the African Charter.
In the light of the foregoing, the African Commission calls upon the Federal Republic of Nigeria to:
1. End the inhuman condition of detention with due regard to the best interest of children
The Government of Nigeria bears responsibility for ensuring that conditions of detention comply with minimum standards humane treatment of the detained with particular attention, for children, to the standards under the African Charter on Rights and Welfare of the Child. The Children should not only be provided with adequate food, water, and sanitation as well as medical care but also kept in secure facilities separate from the places of detention for adults.
2. Investigate Detention Conditions and Provide Accountability
The Commission urges a comprehensive and independent investigation into the conditions under which the detained are held. Such an investigation should ensure accountability for any inhumane treatment and verify that Nigeria’s detention facilities meet standards that uphold detainees’ dignity and health.
3. Ensure Respect for Due Process of the Law
The Commission calls on the Federal Republic of Nigeria to ensure respect for the right to due process of the law in accordance with Article 7 of the African Charter on Human and Peoples’ Rights and the Principles and Guidelines on the Right to Fair Trial and Legal Assistance under the African Charter.
4. Guarantee that law enforcement measures including prosecution comply with the human and peoples’ rights standards under the African Charter
The African Commission reminds the Federal Republic of Nigeria that it bears responsibility for ensuring that law enforcement measures including the launching of prosecution do not constitute both unjustifiable restriction amounting to violation of the right to peaceful protest and arbitrary deprivation of liberty.
The African Commission expresses its commitment to supporting the Republic of Nigeria in upholding its human and peoples’ rights obligations and in consolidating its human rights record.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on Human Rights in the Federal Republic of Nigeria
