President Bola Tinubu has ordered the release of minors detained over their involvement in the #EndBadGovernance protests, which has captured national attention.
The order however, has sparked a humanitarian appeal as well as a fierce debate over executive authority in judicial matters.
Last week, the situation reached a tipping point when some minors, part of a larger group of 76 individuals facing charges of treason for their participation in the protest, reportedly fainted in court. The visibly frail appearance of many detainees intensified public outcry and drew urgent calls for government intervention.
On Monday, President Bola Tinubu directed Attorney-General Lateef Fagbemi to ensure the immediate release of these minors, citing a commitment to human rights.
Minister of Information Mohammed Idris relayed the order to State House correspondents, stating that the president had asked for an immediate response, “without prejudice to whatever legal processes” had been initiated.
“The president has directed the immediate release of all the minors that have been arrested by the Nigerian police,” Idris said, adding, “because of his very deep commitment to democracy and the rule of law, and without prejudice also to whatever legal processes are ongoing.”
He added that Tinubu was motivated by humanitarian concerns, as images of malnourished, ill minors circulated widely on social media, drawing public sympathy.
The Backstory
For context, the #EndBadGovernance protests were spurred by the rising economic hardship across the country. Beginning in August, a 10-day nationwide demonstration brought thousands of Nigerians into the streets, with protesters calling attention to skyrocketing inflation and dwindling economic opportunities. However, the movement took a turbulent turn as some protests escalated into violent clashes, particularly in northern states, where protesters were seen waving Russian flags in symbolic opposition to the Nigerian government.
On November 1, the federal government responded by arraigning 76 individuals accused of participating in the protests, charging them with treason—a move that marked a harsh response to public dissent. Among those arraigned, a significant number were minors, some of whom appeared weak and malnourished during the proceedings. Reports from the courtroom indicated that at least four minors collapsed from exhaustion, shocking observers and heightening public concern over the conditions of their detention.
Addressing Broader Issues
To address the perceived unjust treatment, Tinubu’s order includes further instructions aimed at ensuring the well-being of the minors. Minister Idris announced that the Ministry of Humanitarian Affairs and Poverty Reduction has been tasked with their immediate care and reintegration into society.
“The president has also directed the ministry of humanitarian affairs and poverty reduction to immediately see to the welfare of those minors, and also ensure their smooth reunion with their parents or guardians, wherever they are in the country,” he said.
Tinubu has also called for a thorough examination of the entire process leading to their detention, mandating that a committee be formed to investigate their treatment and the actions of law enforcement.
“Number three, the president has directed that a committee will be set up immediately to be headed by the Ministry of Humanitarian Affairs,” Idris explained. “It is actually an administrative committee to look at all issues surrounding the arrest, detention, the treatment, and finally, the release of these young minors.”
The president has ordered a review of law enforcement agencies’ roles in the arrests, emphasizing accountability and transparency.
“The president has also directed that all the law enforcement agents involved in the arrest and the legal processes will be investigated,” Idris stated, “and if there are any infractions, found to have been committed by any official of government, be him a law enforcement agent, or whoever that person is, appropriate disciplinary action will be taken against him or her.”
How can he order their release when they were remanded by the court?
The outpouring of responses across social media has been both supportive and skeptical. Some Nigerians applauded Tinubu’s compassionate move in response to the public’s humanitarian concerns. Others, however, have voiced apprehensions that this intervention may be an act of populism that overlooks due process and could set a dangerous precedent for executive interference in judicial matters.
The optics of a president ordering a judicial decision without going through formal channels has sparked concern among legal experts and citizens alike about the long-term impact on the rule of law in Nigeria.
Many believe that the President’s directive has once again, raised significant legal questions regarding the separation of powers. In Nigeria’s democratic system, it is typically the judiciary’s responsibility to determine the legal status and custody of individuals facing criminal charges.
Human rights lawyer Chidi Odinkalu criticized the president’s action, suggesting that Tinubu’s order could undermine judicial independence.
“Nigeria is at an impressive pass: a judge who clearly had power in law chose to impress the president rather than do right by law,” Odinkalu remarked. “A president who clearly lacks the power in law chooses for the sake of populism to order a judge in a way he should not.”
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