CIVICUS Monitor rating | NIGERIA: repressed
CIVICUS discusses the criminalisation of protesters in Nigeria with Oluwafunke Adeoye, founder and Executive Director of Hope Behind Bars, a civil society organisation (CSO) that works to improve the criminal justice system.
Heavy-handed policing and violent repression of recent protests against the high cost of living have resulted in over 20 deaths, scores of arrests and the continued criminalisation of protesters, including children. Almost 80 people, including 29 aged 14 to 17, have been charged with serious offences such as treason, public disorder and destruction of property for taking part in protests. Legal experts argue that the Child Rights Act prohibits the prosecution of minors, and while the court granted the child defendants bail, unrealistically high bail fees meant they had to remain in detention for up to 90 days, without access to adequate food and basic necessities.
How did the authorities respond to recent protests?
The authorities responded to protests against hunger and poor governance with measures aimed at suppressing dissent, including arbitrary arrests and legal action to limit the scope of demonstrations. They arrested over 2,000 people across the country, on charges including breach of the peace and public disorder and, in some cases, accusations of attempting to destabilise the country through placards. Some were charged with more serious offences, including terrorism and treason, which could carry the death penalty. These charges were used to justify prolonged detention under the Anti-Terrorism Act , which allows suspects to be held for up to 60 days without trial.
The decision to bring charges that could lead to the death penalty appears to reflect a deliberate strategy of deterrence. The authorities are sending a strong message about the potential consequences of dissent to discourage civic mobilisation. It’s part of an effort to stifle opposition and silence criticism of the government.
In several cases, the severity of the charges appeared disproportionate to the alleged actions. In a blatant violation of the Child Rights Act 2003 , children were charged with terrorism and treason for participating in the protests and some for allegedly holding Russian flags, the meaning of which they probably didn’t understand, having reportedly been paid to do so. The authorities also brought similar charges in places such as the capital, Abuja, where no foreign flags were displayed, raising questions about the consistency and intent of these prosecutions.
Experience shows that severe sentences are rarely imposed. The government often focuses on initial arrest and detention as a means of suppressing dissent rather than seeking convictions. However, many remain in detention for years, creating a climate of fear and serving as de facto punishment even in the absence of formal convictions.
What needs to be done to ensure compliance with the Child Rights Act?
It will require sustained, multi-pronged advocacy to achieve full compliance with the Child Rights Act, which provides clear guidelines for the treatment of children in the justice system. Its implementation has long been inconsistent and insufficiently prioritised. Recent cases in which minors were detained for over 95 days have highlighted systemic gaps in the protection of children in the criminal justice system. Initial efforts, including legal filings and petitions, failed to secure their release, demonstrating the inadequacy of legal mechanisms alone without broader advocacy.
The justice system often lacks the capacity and understanding to address children’s specific needs. Courts, particularly the Federal High Courts, are generally not equipped to deal with cases involving children, there has been little effort to strengthen capacity within the judiciary, law enforcement or prison services and there is a total lack of coordination between them. Even where provisions exist, such as those preventing the detention of minors in correctional facilities, enforcement is inconsistent and compliance often depends on external pressure.
Without meaningful action, vulnerable children will continue to face systemic failures and their rights will be disregarded at critical moments.
Is the crackdown on protests part of a wider pattern of restrictions?
The Nigerian government has increasingly used judicial mechanisms and security forces as part of a wider effort to stifle dissent. During the recent protests, authorities in several states sought ex parte orders, meaning they were issued through legal proceedings with no representation of protest organisers, often at the last minute, to restrict the movements of protesters or ban demonstrations altogether. These rulings have been riddled with inconsistencies and unsubstantiated claims.
The crackdown extends beyond protesters to journalists and CSOs. Journalists have been harassed, arbitrarily detained and kidnapped. In one recent case, the police held a journalist incommunicado for 11 days and didn’t disclose his whereabouts until advocacy efforts forced them to. Such incidents send a chilling message to the press and undermine its critical role in holding power to account.
The authorities have also vilified CSOs and activists through media campaigns that portray them as anti-government or linked to opposition forces. By delegitimising their work, they seek to discourage people from engaging in civic activism. They also routinely label protesters as a threat to national stability, further discouraging peaceful dissent.
These actions reflect a calculated effort to undermine democratic freedoms and restrict civic space. By framing dissent as disloyalty, the government is fostering an environment where fear stifles legitimate calls for reform. Without meaningful resistance to this trend, the space for public discourse and accountability will continue to shrink, leaving people increasingly disempowered.
How is civil society working to defend civic space, and what challenges does it face?
As part of broader efforts to defend civic space, civil society uses a range of strategies, from high-level advocacy to grassroots mobilisation. A key challenge, however, is that these initiatives often lack the cohesion needed to have a lasting impact.
Fragmentation weakens the collective voice of civil society and limits its ability to respond decisively to threats to civic freedoms.
Human rights defenders and their organisations face significant risks. Those working to support protesters and provide a rapid response are operating in an increasingly hostile environment. The threat of harassment, arbitrary detention and physical harm is ever present, and the lack of resources to mitigate these risks only exacerbates the vulnerability of those on the frontline.
Public perception is another key challenge. Many Nigerians are unaware of the vital role civil society plays in protecting democratic freedoms. Protests are often dismissed as disruptive or unnecessary. Without a clear and compelling narrative linking them to the public good, CSOs struggle to gain support, limiting their advocacy efforts to a narrow audience.
Resource constraints compound these difficulties. Limited funding undermines the ability of CSOs to sustain their work, particularly in the face of a government that has increasingly targeted them with restrictive measures. The strain on resources affects everything from rapid response capacity to long-term planning and collaboration.
Despite these challenges, civil society remains a critical force in defending Nigeria’s democratic space. But without greater collaboration, improved outreach and stronger support systems for human rights defenders, its capacity to push back against authoritarian tendencies will remain limited. A united and resilient civil society is essential to protect civil liberties and ensure accountability.
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Source link : https://allafrica.com/stories/202412030770.html
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Publish date : 2024-12-03 23:37:10
