… Calls for Judicial Reform
By Joy Baba-Yesufu
Global Rights Nigeria has called for a comprehensive investigation into the prolonged detention of minors involved in the August #EndBadGovernance protests, where they faced treason charges, a crime punishable by death in Nigeria. The human rights organization demands that policies and judicial protocols be overhauled to prevent such injustices from reoccurring.
In separate letters addressed to the Chief Justice of Nigeria, (CJN) Kudirat Kekere—Ekun and the Speaker of the House of Representatives, Tajudeen Abbas, Global Rights’ Executive Director, Abiodun Baiyewu, expressed deep concern about the judicial handling of these minors’ cases.
Baiyewu highlighted the court’s duty to safeguard justice, lamenting what she described as a severe deviation from this ideal. The letter also emphasized that swift and resolute action by the Chief Justice is necessary, particularly concerning Justice Obiora Egwuatu’s actions, to establish a precedent for upholding judicial impartiality and protecting Nigerians’ rights.
Baiyewu maintained that Justice Egwuatu’s actions were a troubling example of judicial complicity with executive agencies, leading to the erosion of constitutionally guaranteed rights, especially the rights to protest and peaceful assembly under Sections 39 and 40 of Nigeria’s Constitution. “It is deeply concerning that the Court would issue orders restricting these rights,” she stated.
The rights group expressed further alarm over reported manipulations by prosecutors, alleging that they altered the minors’ ages on official charge sheets to make them appear older, thus justifying extended detention. This tampering not only violated the Child Rights Act of 2003 but also ran counter to the government’s obligation to prioritize children’s best interests.
She stressed that the court had a duty to recognize and act against this clear injustice but failed to intervene. Instead, she noted, “Justice Egwuatu did not distinguish these minors from adult defendants, intending to prosecute them collectively”.
Global Rights Nigeria condemned the bail conditions set by the court as excessively punitive, especially given that the detained protesters were mostly indigent and illiterate. “Many had been transported to Abuja from distant states for the trial. Bail was set at ₦10 million, with the additional requirement of two sureties, including one who had to be an Abuja-based civil servant”. Baiyewu emphasized that these demands were both unreasonable and contrary to the principles of fair bail.
The letter further urged the Chief Justice to provide guidance on injunctions that limit peaceful assembly and protest rights arguing that such guidance is essential to maintain judicial impartiality, protect citizens’ rights, and preserve Nigeria’s democratic values. She also called on the Speaker of the House of Representatives to ensure legislative measures protecting children’s rights and fortifying Nigeria’s democratic institutions, especially in light of the international attention this case has garnered.
Baiyewu concluded that urgent attention to this matter is crucial, not only for the immediate welfare of these minors but also for Nigeria’s standing as Africa’s largest democracy. “This case has cast our judicial system in a negative light globally, and addressing it with transparency and urgency is essential,” she noted
