Home Metro RULAAC accuses judicial complicit of repression of civil rights, freedoms in Nigeria
Metro - September 24, 2024

RULAAC accuses judicial complicit of repression of civil rights, freedoms in Nigeria

Demand unconditional release of individuals participated  in peaceful protests

 

 

 

Stanley Ihedigbo

 

 

Rule of Law and Accountability Advocacy Centre (RULAAC), has accused Nigeria judicial complicity of repression of civil rights and freedoms.

According to a statement signed by the Executive Director of the group, Com Okechukwu Nwanguma, titled: “Action report on the growing pattern of repression against civil rights and freedoms in Nigeria”, stated that 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. Authorities misapply Laws intended for counterterrorism, cyber security, and public order to charge peaceful protesters with serious offenses even when there is no evidence of conspiracy. Many of the protesters charged before the FCT High Court were arrested from different states and had no connection prior to their arrest. But they were lumped together and charged with terrorism and conspiracy and are currently languishing in prison.

“Protesters face financial restrictions, including frozen bank accounts and intercepted travel plans, limiting their ability to mobilize or escape persecution. Suspected protest organizers have also been placed on security watch list, arrested at airports, and their travel documents seized, thereby preventing them from traveling.

“The President Ahmed Bola Tinubu government’s stance has contributed to a shrinking civic space, fostering fear among citizens and stifling dissent, potentially leading to political unrest. These actions indicate a broader pattern of repression against civil rights and freedoms in Nigeria, raising concerns about the state of democracy and governance in the country.

“Measures should be put in place to address inhuman detention conditions in Nigeria. This requires a multi-faceted approach. But in the present context, key measures may include, implement laws aligning detention conditions with international human rights standards. Renovate and maintain detention facilities to ensure they are safe, hygienic, and capable of accommodating detainees without overcrowding. Ensure timely medical examinations and treatment for detainees, including mental health support and provide adequate sanitation, clean drinking water, and hygiene supplies to prevent infections,” he emphasized.

The Human Rights Activist further said that government should ensure all detainees receive sufficient and nutritious meals regularly.

“Establish oversight mechanisms to monitor feeding practices and ensure compliance. Provide training for law enforcement and detention staff on human rights practices, dignity, and respectful treatment of detainees. Allow independent bodies such as the National Human Rights Commission to conduct regular inspections of detention facilities to assess conditions and compliance with standards. Nigerian government should also implement its obligations under international human rights law particularly its obligation under the Optional Protocol to the Convention Against Torture (CAT) to establish a National Preventive Mechanism for periodic monitoring of places of detention in the country.

“Establish clear channels for detainees to report abuse or poor conditions without fear of retaliation. Nigeria can make significant strides towards improving detention conditions and safeguarding the rights and dignity of detainees. The Nigerian judiciary must commit to its crucial role in upholding justice, particularly concerning the treatment of individuals charged with offenses.

“The Nigerian judiciary has a pivotal role in ensuring justice by exercising careful discretion in legal proceedings. By critically scrutinizing charges, limiting unjust detention extensions, and establishing reasonable bail conditions, the judiciary can protect individual rights, uphold the rule of law, and contribute to a fairer society. Judges should critically assess the evidence presented by law enforcement to ensure that charges are substantiated and not based on arbitrary or malicious grounds.

“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. Judges should reject applications for prolonged detention that lack credible evidence or justification, promoting a fair legal process,” he stressed.

According to him, 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 systems. A judiciary that upholds individual rights fosters an environment where citizens feel free to participate in peaceful protests and advocacy without fear of unjust repercussions,” he added.

He called for the release of all individuals arrested for participating in peaceful protests.

“Drop all charges against all those charged with terrorism and other unfounded allegations. Cease harassment of citizens exercising their constitutional rights and  uphold and commit to democratic values and practices,” he advised.

He  noted that the administration’s growing intolerance for dissent, its response to peaceful protests, and the treatment of demonstrators.

“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.

“Detained individuals face overcrowded, unsanitary, and dangerous conditions in police cells, amounting to torture and degrading treatment. 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.

“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,” he lamented.

 

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