Protest in Nigeria; Right and Protection Afforded
INTRODUCTION
Freedom of speech and the right to assemble is fast becoming a trending topic in Nigeria. From the RevolutionNow protesters[1] to hash tag EndSARS protesters[2] (both on the street of twitter and the Nigerian street), there is either something that this government is definitely getting wrong or a vast number of Nigerians are getting something wrong. While RevolutionNow
Was about political change and a call for government to improve standard of living (during which many were arrested, harassed and intimidated on different levels[3]), the EndSARS campaign that is gaining notoriety worldwide is definitely not political but base on the happenings around the country. Police brutality in the country may not be racially motivated, it is however driven by greed, corruption, given a force and backing by tacit response of the government. On several occasion the Nigerian Police force had issued warning to the SARS operative to desist from stop and search and random arrest but to no avail. It would seem that the SARS operative have more ranking than the entire police force led by the incorrigible IGP. Even more alarming is the rate that these protesters are being dispersed with teargas and a considerable amount of force that is appalling in a supposed democratic setting like Nigeria. However this trend seems to be finally gaining the attention of the international community with our main stream media very silent on the matter, which beg the question, is it that our main stream media has gone blind?
YOUR RIGHT
Moving away with the situation on ground and taking a peak at the right of citizens as enshrine in the constitution. Section 40 of the 1999 constitution which provided for freedom of assembly and association. According to this section, "Every person shall be entitled to assemble freely and associate with other persons and in particular, he may form or belong to political party, trade union or any other association for the protection of his interest..." This section stands provided that the provisions "shall not derogate from the powers conferred by the 1999 constitution on Independent National Electoral Commission with respect to political parties to which that commission does not accord recognition".
What might seems like another derogation on this freedom which the court of appeal has quashed is the public order act. The Act states that any person desirous of convening any public gathering or conducting any procession shall apply to obtain a license from the Governor of the state through the police. How do you get a licence from the institution that you wish to voice out against when the same institution is the one trying to silence you?
COURT’S APPROVAL
Therefore the Federal High court appropriately quashed the provisions of the act in strong terms, giving wings to our fundamental right to assemble in the case of All Nigeria Peoples Party & Ors. v. Inspector General of Police,[4]
“In my view, the provision in section 40 of the Constitution is clear, direct and unambiguous. It is formulated and designed to confer on every person the right to assemble freely and associate with other persons. I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association. I agree with Mr. Falana that violation can only be done by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before theses rights can be violated.
I also agree with Mr. Falana that the criminal law is there to take care if protesters resort to violence in the course of demonstration and that once the rights are exercised peacefully, they cannot be taken away.
The Public Order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration is an aberration to a democratic society. It is inconsistent with the provisions of the 1999 Constitution. In particular, sections 1(2),(3),(4),(5) and (6), 2, 3 and 4 are inconsistent with the fundamental rights provisions in the 1999 Constitution and to the extent of their inconsistency, they are void. I hereby so declare.”
The case later went to the court of appeal on the instance of the IGP where the COA upheld the decision of the lower court. Thus, the right of the public to protest and air their grievances is sacrosanct to the growth of the country as a democratic nation and such right is without restraints. The police ought to be giving protection to protesters in view of their obligation and duty to serve and protect. Justice Ademola said this on the importance of upholding the right to assemble, “it is the right of citizens to conduct peaceful processions, rallies or demonstrations without seeking and obtaining permission from anybody. It is a right guaranteed by the 1999 Constitution and any law that attempts to curtail such right is null and void and of no consequence.”
PROTECTION OF PROTESTERS?
So clearly the constitution provides a legal framework through which the people can voice out the thoughts and agitation and they ought to be protected during such activities as it still the duty of the police. However in recent times, we have found the police doing the opposite, using force to disperse a non-violent protest, firing tear gas canon at protesters, inter alias. It is a gory sight to behold. If the police is not protecting the citizenry during the expression of civil rights like this, how are the protesters supposed to protect themselves? Chief Femi Falana in a recent interview urged the police to remain neutral and afford the citizenry the proper protection due them[5];
“In view of the clear and unambiguous provision of section 94 (4) of the Electoral Amendment Act 2015 we urge the Inspector-General of Police and other police authorities in the country to maintain neutrality and ensure that the role of police personnel is limited to the provision of adequate security during the peaceful rallies, processions and marches. In particular, police personnel should be instructed not to attack citizens who may wish to protest against economic programmes considered inimical to their interests.”
PROTECT YOURSELF
The following advise is therefore put forward to those engaging in expression of their fundamental right;
1. Go in a very comfortable wear
2. Get a lawyer. In view of the fact that you can get arrested as it is often the case with the Nigerian police, having a contact of a good and competent lawyer is lifesaving.
3. Go with a towel and water. If the police starts firing tear gas into the air (which they most likely will), or a fire is started (soak the towel with water and use it to cover your nose), or to stay hydrated, this may come handy.
4. Go with a friend or make sure you are around trusted groups
5. Chant, use placard, twit, take pictures but let violence be the last resort. Try as much as possible to avoid physical altercation.
6. If you have any existing medical condition, go with the appropriate kits. The moment you realise you don’t have them, please go back and get them.
7. If the police wants to engage you or your group, put on your camera! Get it all covered. If you can, try to get all the process documented. It serves as security and promotion of your goals.
CONCLUSION
Conclusively, do not be scared to make your voice heard, do not remain quiet because it is not affecting you now! No one is immune from police brutality or bad governance, you may be at an advantage point today and on another day be a victim. I understand that parent usually advice their children to stay away from this kind of civil engagements because of the attitude of police as they (the police) have set a bad precedent over the years. However, silence is a form of tacit approval, do something today!
Agbedo, Gideon Ohiani L.P
[1] Nigeria: 40 Arrested at Anniversary Protest, available at, https://www.mfwa.org/nigeria-40-arrested-at-anniversary-protest/ last accessed 10/10/20
[2] Twiteer Search, available at, https://twitter.com/search?q=right+of+protesters+in+Nigeria&ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Esearch last accessed on 10/10/2020
[3] Nigeria-40-Arrested-At-Anniversary-Protest, available at https://www.mfwa.org/nigeria-40-arrested-at-anniversary-protest/
[4] (2006) CHR 181
[5]Femi Falana, Falana Asks Nigeria Police To Always Provide Security For Peaceful Protesters available at,
https://saharareporters.com/2020/09/28/falana-asks-nigeria-police-always-provide-security-peaceful-protesters last accessed on 11/10/2020