Drop All Charges Against #EndBadGovernance Protesters – RULAAC to President Tinibu’s administration

September 24, 2024

The Rule of Law and Accountability Advocacy Centre (RULAAC) has asked the Nigerian government under the leadership of President Bola Tinubu to drop all charges against protesters involved in the #EndBadGovernance demonstrations.

Law enforcement agencies abuse legal procedures as well as the legally stipulated safeguards against abuse of discretionary powers.

Many who participated in the _#EndBadGovernance_ protests in August 2024 were subjected to arbitrary detentions without proper identification or cause by the arresting authorities, resembling abductions rather than lawful arrests. Many were held incommunicado and denied access to family, legal representation, and medical care.

The protesters are currently jailed in overcrowded and unsanitary cells at various police stations. For example, many persons detained at the NPF- IRT situated at the old Abbator (premises of the disbanded SARS), Abuja reported contracting serious skin infections, were poorly fed and had no access to alternative proper feeding, resulting in many starving. Many persons in detention have no reason to be detained. The detention conditions and the exposure of young innocent persons to hardened criminals can negatively influence them. 

Also, families are often uninformed and kept in the dark about the status, location, and conditions of detained individuals, exacerbating their suffering and compounding their distress. This is a flagrant violation of the due process safeguards provided under the Police Act 2020.

The judiciary has been complicit in the denial of justice, enabling prolonged detention through granting frivolous applications for extended detention by law enforcement.

When charged, stringent court bail conditions make release nearly impossible.

By carefully examining the validity of charges, the judiciary can prevent the misuse of laws, such as counterterrorism laws, against peaceful protesters.

The judiciary must consider the rights of detainees and ensure that requests for extensions of detention are only granted when substantial reasons are provided.

Guarding Against Frivolous Applications: Judges should reject applications for prolonged detention that lack credible evidence or justification, promoting a fair legal process.

Judges have the discretion to establish bail conditions that do not disproportionately burden defendants, ensuring that those awaiting trial are not subjected to undue hardship.

By making bail terms achievable, the judiciary helps prevent overcrowding in detention facilities and upholds the presumption of innocence.

By exercising discretion responsibly, the judiciary can enhance trust in the legal system and demonstrate commitment to human rights and justice.

Active judicial oversight can hold law enforcement accountable, reducing instances of corruption and abuse across the criminal justice system.

RULAAC.