I learnt that the Nigeria Labour Congress (NLC) has declared a two-day nationwide notice slated for 27 and 28 February 2024 to protest against the economic hardship being experienced in the country. This is long overdue, we are all suffering. I have never fully participated in a protest before but I will definitely participate in this and even mobilize more people to join because this is not the Nigeria we want.
I know from past experiences with the Nigerian government pattern that whenever a nationwide protest is announced law enforcement agencies will be geared up to distort the protest, arrest protesters and even charge some of the arrested protesters to court; they always charge them with disturbance of public peace and destruction of public properties since protesting is not an offence and you cannot charge a protester for exercising his or her fundamental human right.
For the umpteenth time, we say to the Nigerian government and the security forces that the right to protest is a constitutional right. The right to peaceful protest is guaranteed under section 40 of the Constitution of the Federal Republic of Nigeria 1999 which provides: “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…”.
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This right is not just a right merely recognized by Nigerian law, it enjoys worldwide recognition. It (the right to protest) is also provided for in the African Charter of Human and Peoples’ Rights. Article 11 of the African Charter on Human and Peoples’ Rights (African Charter) provides thus; “Every individual shall have the right to assemble freely with others…”.
This fundamental right to protest has been recognized by the Nigerian courts, even the Supreme Court in a plethora of cases . The court has in numerous instances fined security agencies and the Nigerian government for distorting a peaceful protest.
Enough of the Nigerian government through security forces distorting peaceful protests. They are merely restricting citizens from exercising their constitutional rights. The presence of security forces on protest grounds is merely to provide security for the protesters. The Federal Road Safety Corps are to be there for traffic control, the police officers are to be there to make sure the protest is not hijacked by hoodlums, and the Civil Defense Corp members are to join hands with the police officers and make sure protesters are well protected; anything other than this by the security agencies is tantamount to breaching citizens’ fundamental human right to protest.
The organizers of these protests on the other hand should make sure that these protests are peaceful. What the constitution permitted in section 40 and article 11 of the African Charter is peaceful protest. Once the protest becomes violent, the security agencies on the ground are permitted by law to make use of force and firepower to quell the protest, arrest the violent protesters and charge them to court.