Youths have been planning a nationwide protest against economic crises and hardship, but the government has said it does not want a repeat of the devastation that occurred during the #EndSARS protest in 2020. It fears the exercise could be hijacked by criminals. ADEBISI ONANUGA examines the legal limits of protests and the lines that must not be crossed
As the date for the #EndbadgovernanceinNigeria protest approaches, there are genuine concerns that it could be hijacked by criminal elements.
Calls for its suspension are growing even though it is acknowledged that the right to peaceful protest is constitutionally guaranteed.
With the devastation of the #EndSARS still fresh in the mind, the fear is that the protest could snowball into chaos.
Among the groups pushing for the August 1 to 10 protests are the “Take It Back Movement” and the National Youth Council of Nigeria (NYCN) led by Sukubo Sara-Igbe.
The organisers claimed the protest was to draw the government’s attention to the “worsening state of the citizenry”.
In a July 26 letter to the Inspector-General of Police by its counsel Ebun-Olu Adegboruwa (SAN), the group sought protection.
The request was made pursuant to sections 39 and 40 of the 1999 Constitution, and also Section 83 of the Police Act, 2020.
Section 83 provides: “(1) The Police Force is responsible for maintaining and securing public safety and public order.
“(2) The Police Force shall, in carrying out its responsibilities under subsection (1): (a) uphold the provisions of the Constitution and other laws; (b) uphold and protect the fundamental rights of all persons in Nigeria, and (c) be fair to all persons in Nigeria notwithstanding their economic status or religious, ethnic or political beliefs and affiliations.
“(4) Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway, or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place, shall mobilise personnel to provide security cover for the meeting, rally or procession.”
The group said it planned to meet at the Eagle Square in Abuja, public spaces in the capital cities of all 36 states and headquarters of the 774 local government councils.
Presidency counters Wike, others
FCT Minister Nyesom Wike had told protesters that Abuja was not available for protest.
Special Adviser on Information and Strategy Bayo Onanuga had tweeted strongly against protests, claiming it was for sinister purposes.
But, Special Adviser to the President on Media and Publicity, Ajuri Ngelale, who did not specifically name the likes of Wike and Onanuga, warned against such narratives.
He said on TVC: “We have heard certain utterances from some members of even our own administration and from some sub-national entities suggesting that Nigerians do not have the right to protest and they will be stopped from protesting.
“I want to be clear that there is nobody within our administration that has the standing, the command or the gravitas to tell any Nigerian citizen that they cannot peacefully protest in any part of this country.
“We are not in office to dominate our people. We’re in office to serve our people. And this is the position of the President.
“President Tinubu has been very clear that the notion of peaceful protest is an essential component of an effective and functioning democracy.
“He cited the fact that as an activist, it was the power of peaceful protest, even against the murderous and brutal nature of the regimes in office at the time, that led to the return to civilian rule,” Ngelale said.
On the risk of highjack by criminals, Ngelale said security strategies were being put in place to ensure that mischievous elements did not take advantage of the situation to punish innocent people through the destruction of public utilities and infrastructure as was done during #EndSARS.
“We are not naïve or unaware of the fact that there are political interest groups who may seek to leverage the presence of a peaceful protest to achieve an ulterior motive.
“We recognise that, and our security agencies are on top of that.
“We believe that our people understand that it is in their interest to protest in a way that is in conformity with international norms…,” the presidential spokesman said.
Some of the demands
Among the demands, it was learnt, are the return of fuel subsidy, fixing the power sector, cutting cost of governance, replacing the 1999 Constitution, significant investment in education, prosecution of looters, releasing IPOB leader Nnamdi Kanu, ending banditry, terrorism and violent crimes, reforming security agencies to stop continuous human rights violations, immediate reconstitution of INEC to remove corrupt individuals and partisan officers appointed to manipulate elections, among others.
The presidency, in tweets by Onanuga, countered some of the demands, saying some of them were unrealistic.
On the demand to scrap the 1999 Constitution and replace it with a people’s constitution, and for a unicameral legislature, the government noted that constitutional amendments were not done by fiat or proclamation by the President but followed strict procedure that involved two-thirds of state houses of assembly, among others.
On Nnamdi Kanu, the government said the IPOB leader was on trial in court and that “even if his release is to be considered, there are steps to be taken”.
The government said investment in education was already being done, such as the student loan.
Security concerns
Security forces had put their men on red alert last week to forestall anarchy, which they said was the intention of the protest promoters.
Director of Defence Media Operations, Maj-Gen Edward Buba, said: “While citizens have a constitutional right to peaceful protest, they do not have a right to mobilise for anarchy to unleash terror.
“There are already indicators that unscrupulous elements are bent on hijacking the planned protest for violent purposes.
“For instance, there are signs of status-related violence such that persons with things as basic as a smartphone and car are targets….
“Based on the foregoing, the level of violence envisaged is best described as a state of anarchy.
“It is for this reason the Armed Forces will not watch and allow the nation to spiral out of control to such low levels.”
State Security Service (SSS) Director Public Relations and Strategic Communications, Dr Peter Afunanya, said the protest organisers intend to foist a violent outcome to smear the federal and sub-national governments to make them unpopular and pit them against the masses.
The statement reads: “While peaceful protest is a democratic right of citizens, the Service has confirmed a sinister plan by some elements to infiltrate the protest and use it to cause chaos and extreme violence in the land.
“The plotters desire to use the intended violent outcome to smear the federal and sub-national governments, make them unpopular and pit them against the masses.
“The long-term objective is to achieve a regime change, especially at the centre.
“The Service has also identified, among others, the funding lines, sponsors and collaborators of the plot…
“The Service wishes to warn all the protest groups to eschew any form of proposed rage, anarchy and spoliation.”
NBA’s position
The Nigerian Bar Association (NBA), in a statement by its president Yakubu Maikyau (SAN), noted citizens’ right to protest but called for dialogue.
He said: “My humble call and appeal, therefore, to both the government, the organisers and/or proponents and supporters of the planned protest, is to call off the protest, come together for a frank and sincere discussion on what must be done to immediately begin to turn around the plight of the people for good.
“Mechanisms should be put in place for government/people engagement on a regular periodic basis.
“Timelines for certain specific actions should be put in place and implemented as the circumstances dictate.
“We call on members of the National and State Houses of Assembly to immediately engage with their constituents based on the plans of Government at the federal and subnational levels to address the demands of the people.
“We further recommend that a National Security Summit be convened, where serving and retired military, police, intelligence, and other law enforcement officers will assemble to reexamine our security situation and proffer workable solutions and implementation strategies.
“Traditional institutions and religious leaders should be co-opted and given specific tasks in this regard.
“Civil society organisations should be engaged at all levels of the proposed dialogue and in the monitoring of the implementation of the decisions that may be reached.”
Lawyers highlight protest limits
Senior lawyers, including Tani Molajo, Chief Louis Alozie, Femi Falana and Adegboruwa, all Senior Advocates of Nigeria (SANs), as well as Dr. Femi Badejo and Dr. Charles Omole, cautioned against violent protests.
Molajo said the right to protest had been confirmed by the Supreme Court in the case of IGP v ANPP (2008) and others.
He, however, stressed that every right carried a concomitant responsibility.
“The right to assemble in protest is circumscribed by the unarguable need to respect the maintenance of public peace and order.
“The free exercise of the right to dissent and the expression of grievance must always be weighed against the backdrop of experience, especially the probability of the hijack of protests by hooligans, criminals and other elements whose sole objective is to create disorder and to reap therefrom,” he said.
Chief Alozie argued that the right to freedom of expression is guaranteed under the constitution, adding that it is a democratic way of giving those in power feedback on the impact of their programmes and policies on the populace.
“So, protests are quite legitimate and legal,” he said, noting the government’s fears that the protests could degenerate as it happened during #EndSARS.
On how to address the issues, he said: “The solution lies in government addressing the hunger and sufferings in the land, not in using brute force to quell the protests.
“Realising that our leaders and citizens carried out similar protests against some policies by the Goodluck Jonathan Government in 2012 without any resistance by security forces, it would be strange if the government tries to stifle the protests, which as I have stated above are within the constitutional rights of citizens.
“Let the sufferings be redressed if the restiveness amongst Nigerians is to stop.”
Falana cautioned against threatening the organisers.
He said: “Threats do not work. In fact, on some occasions, the desperation of the government also has a way of popularising such protests.
“So, this time around, the government should try to identify the leaders of the movement and then engage them. Some demands are being made, and the government should address these demands.”
Adegboruwa argued that in Section 40 of the 1999 Constitution, ‘every person shall be entitled to assemble freely and associate with other persons’.
He noted that Section 41 grants the freedom of free movement to all citizens.
He contended that the law recognises the right of citizens to hold a public meeting, rally or procession along the highway or any other place that the general public has access to, such as Gani Fawehinmi Park in Lagos, the Unity Fountain in Abuja and other locations across Nigeria.
Adegboruwa said Section 83 of the Police Act imposes an obligation on the police to provide security for such exercises.
“When politicians gather to hold their primary elections in public places, the government grants them protection through massive deployment of security.
“That being the case, members of the public also have the right to demand and be granted police protection for their public meetings, rallies and processions.
“Where the government is opposed to any civil protest, it is indirectly stating that it has no capacity to comply with the provisions of the law, which is an impeachable offence, for any government to outlaw the right of citizens to protest,” Adegboruwa said.
A lawyer and former Deputy Special Representative of the UN Secretary-General for Somalia, Dr Babafemi Badejo, called for improved dialogue between the government the people.
He made the following recommendations to the President: “Inclusive governance: Engage stakeholders early in the policy-making process to ensure transparency and public acceptance of reforms.
“Economic prudence and real cut-down of the cost of governance: Conduct thorough impact assessments to balance revenue generation with socio-economic equity and avoid burdening vulnerable populations.
“Combat corruption: Implement stringent measures to tackle corruption within public, private and social institutions and ensure accountability of political leaders.
“Civic engagement: Foster a culture of civic activism to hold governments accountable and drive policy changes.
“Youth empowerment: Address systemic issues such as youth unemployment and economic inequality to rebuild public trust and promote sustainable development.
“Effective management of communication and public engagement: Possibly do a Heart-to-Heart off the scripts, less political talk with your people.
“Come down from that high horse and defy the barriers the sycophants around you have built to cut you off from the realities as they continue to sing your praise.
“Some of your spokesperson may be doing more harm than good. You need to call them to order. They need to do better in briddling their tongues.
“The Nigerians of today are far too intelligent than the people in your government think. We can do without the lies one of them tends to feed us with.”
A lawyer and policy/national security expert, Dr. Charles Omole, said protesters should conduct themselves peacefully and in a way that would not obstruct others.
“It’s crucial to understand that blocking roads or harassing the public in the name of protests is unacceptable.
“Vandalising public properties is not just unlawful, it can lead to serious legal consequences.
“The rights of the protesters do not supersede the rights of other Nigerians, and it’s important to respect this balance,” he said.
