A Peaceful Protest: The Fundamental Right of Citizens -By Olayinka Abdurrazzaq

How long shall we continue with the present attitude of allowing our society to be haunted by the memories of oppression and gagging meted out to us by our colonial masters through the enforcement of issuance of a permit to enforce our rights under the Constitution?”

A person’s right to air grievances without fear of retribution or censorship is fundamental to democracy in Nigeria. Free expression of one’s beliefs is protected by chapter four of the Constitution, which generally protects free speech, freedom of religion, freedom of the press, and freedom of assembly.

The most vital lost thing in Nigeria democracy is protest. And this has made it differ it from that of other nations where we inherited the democracy. In other civilized countries, protest is not seeing as a challenge of their administration but a means to know where they get it wrong and to know the wants of the citizens. But it is pathetic that here in Nigeria, the reverse is the case.

Even some Nigerians don’t know that protest, rally, and air their grievances is their fundamental right that enshrined in the 1999 constitution (as altered). They are unaware that a peaceful protest can take place even without any permit from the police. Just as freedom of life, religion, liberty, and other rights.

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.” 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 these rights can be violated.”

Besides, police permit before rally and protest is unconstitutional and it is inconsistent with Section 39 and 40 of the 1999 constitution (as altered) that provided for the freedom of expression and freedom to assemble freely respectively.

By virtue of section 39 of the in 1999 constitution (as altered): Every person shall be entitled to freedom expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. Moreso, every person shall be entitled to own, establish, and operate any medium for the dissemination of opinions.

Also, pursuant to section 40 of the in 1999 constitution (as altered): Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.

This stance has also received a judicial blessing in the case of All Nigeria Peoples Party & Ors. v. Inspector-General of Police, wherein, the Judge contended that provisions of the Public Order Act requiring a permit for rallies were in conflict with the fundamental right of Nigerians to freedom of assembly and freedom of expression.

In my lord contribution to the leading judgment of the Court, Muhammad (JCA) confirmed that police permit is alien to a democratic society when he reiterated that “In present-day Nigeria, clearly police permit has outlived its usefulness. Certainly in a democracy, 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.”

Just of recent, the authorities of the Nigeria Police Force dispersed the protesters with teargas and also threatening to prosecute the organisers of that peaceful rallies which held in Nigeria on Wednesday, August 5, 2020, in Lagos for protesting to press for a change in the poverty induced agenda of the federal government, and incessant killing by bandits in Nigeria. If this trend of accusing every person of engaging in terrorist activities or treasonable felony for criticising any administration continues, I pray that this Nigeria Police Force and the security officer will not turn Nigerians to terrorists.

Though some people have exhausted their weapons of mouth to describe the incidence as a child’s play, revolution, and others. Indeed it is crystal clear that the organisers of the peaceful rallies cannot be said to have planned to engage in acts of terrorism or formed an intention to remove President Muhammadu Buhari from office. The intention of the organisers of the rallies is to protest against the worsening security situation in the country, demand for urgent response from the governmet, and employment for our unemployed youths.

Justice Adekeye has said it all in the part of the judgment of the Court of Appeal in IGP v ANPP (supra) wherein he said thus: “A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilized countries- it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”

I will like to conclude my take on this as SAN, Activist Falana did in one of his articles that since democracy admits freedom of expression, the right of Nigerians to hold protests, marches, rallies and demonstrations for or against the government should no longer be enjoyed at the whims and caprices of the ruling class. Therefore, the incessant disruption of public meetings and rallies by the police and other security agencies should always be resisted by the Nigerian people. As any of the fundamental rights guaranteed by the Constitution can only be abridged or restricted by a procedure permitted by law, a police officer who has information that any rally or demonstration may lead to a breakdown of law and order is advised to apply for injunctive relief in a competent court of law not disruption of protest and rally.

God bless Nigeria.

Olayinka Abdurrazzaq is a 300level law student, University of Ilorin