Breaking the chains of injustice in Nigeria, By Adamu Rabiu

#EndBadGovernance protesters

The primary and major reasons for the protests, which are numerous, include the removal of fuel subsidy, increase in fuel prices, scarcity of fuel, removal of electricity subsidy, high inflation, food shortages, cost of living crisis, escalating price of food, depreciation of the naira against all other currencies, poor health facilities, unemployment, executive and legislative high handedness, the lack of conducive and friendly business environment, and excessive taxes.

The Genesis

The current protests in Nigeria started on 1 August and they are driven by multiple factors which have been analysed and commented on by numerous media outlets and writers, I inclusive, in many of my articles traversing and mediating upon various sectors of Nigeria. And the protest is looking like it is about to escalate, if handled with kid gloves.

The primary and major reasons for the protests, which are numerous, include the removal of fuel subsidy, increase in fuel prices, scarcity of fuel, removal of electricity subsidy, high inflation, food shortages, cost of living crisis, escalating price of food, depreciation of the naira against all other currencies, poor health facilities, unemployment, executive and legislative high handedness, the lack of conducive and friendly business environment, and excessive taxes. Also, high interest rates, a housing deficit, an humongous unpaid backlog of pension arrears for both federal and subnational governments, kidnapping and insecurity, general economic hardship, etc., which is driving millions of people in Nigeria deeper into multidimensional poverty. This is occurring with countless families increasingly unable to afford the costs of healthcare, the basic necessities of life and education, thus exacerbating the economic strain on citizens.

In addition, there is widespread discontent with the government’s misaligned policies, fortnightly requests to the National Assembly to borrow billions of dollars for consumption purposes, luxury projects, and white elephant schemes that are economically unviable, such as the spending on luxury items; building of a N21 billion house for the vice president; and acquisition of a presidential yacht – which would have set the country back by N5 billion.

Equally, the misplaced borrowings are for the purchase of two new aircraft for the Presidential Fleet for a combined sum N20 billion; renovation of the president’s residence in Dodan Barracks, and that of his vice in Lagos at fantastic sums; the purchase of exotic vehicles at billion of naira for the presidency and its dwellers; procurement of more than 300 Toyota Prado jeeps at about N160 million each for legislators; and the earmarking  of N6 billion to build a car park for the National Assembly members.

More so, maintaining a retinue of convoys of cars for ministers and other aides of the president; allowing permanent secretaries and head of services to stay within the IPPIS platform after retirement; having a separate hospital for the president and his family, and a separate hospital for members of the National Assembly; spending a billion naira or more just to negotiate the minimum wage from N30,000 to N70,000, meanwhile the monthly salaries and allowances of political appointees at whatever level starts conservatively at N300,000 to N30 million or more, and other similar mind boggling extravagances.

All this is going on amidst claims of insufficient funds for public welfare and to alleviate the current economic predicament of the masses; with the executive, legislative and security branches of government urging the people to continue to be patient, and even a senator recently saying that some of them will continue to eat, while the people are protesting.

This shows you, their mentality!

The Notification

The protesters gave notice of their intention to demonstrate from 1-10 August, since early July 2024.

Meanwhile, instead of responding appropriately to the demands of the protesters, the authorities in Nigeria have sadly ended up being ‘courageous’ and I wonder what the word means to them as usual!

The Right of Protesters

Is protest legal in a democratic dispensation and under the relevant laws of the land and international treaties?

1. 1999 Nigerian Constitution:

• Section 38: Ensures freedom of movement and right to move freely within Nigeria.
• Section 39: Guarantees freedom of expression; the right to hold opinions, receive and impart ideas, without interference.
• Section 40: Protects the right to peaceful assembly and association, including the right to form and join associations.

2. United Nations Canons:

a. Universal Declaration of Human Rights (UDHR), 1948

• Article 19: Protects freedom of expression, including the right to seek, receive, and impart information.
• Article 20: Guarantees the right to peaceful assembly and association.

b. Under the International Covenant on Civil and Political Rights (ICCPR), 1966

• Article 19: Protects freedom of expression, including the right to hold opinions and impart information.
• Article 21: Guarantees the right to peaceful assembly.
• Article 22: Protects the right to freedom of association.

c. Under the African Charter on Human and Peoples’ Rights

• Article 11: Guarantees the right to freedom of assembly and association.
• Article 9: Protects the right to freedom of expression.

Other Relevant Laws

• African Charter on Democracy, Elections and Governance, 2007: Promotes democratic principles, human rights, and the rule of law.
• United Nations Declaration on Human Rights Defenders, 1998: Protects individuals who promote and protect human rights.
• International Labour Organisation (ILO) Convention 87, 1948: Safeguards the right to freedom of association and collective bargaining.

So, in the event of a conflict between the Nigerian Constitution and international treaties, the latter (ICCPR, ACHPR) would take precedence over the federal laws in Nigeria (Public Order Act, Police Act, National Security Agencies Act).

Understanding the #EndBadGovernanceInNigeria

1. Bad governance: Contravenes Section 14(2)(a) of the Constitution , which states that “sovereignty belongs to the people” and Section 16(1)(a), which requires the government to “harness the resources of the nation” for the benefit of citizens.
2. Lack of accountability of government: Violates Section 15(5), which requires the government to “abolish all corrupt practices” and Section 22, which mandates the media to hold the government accountable.
3. Lack of transparency of government: Contravenes Section 22 of the Constitution, which requires the government to be transparent in its dealings.
4. Bad economic policies causing hardship for Nigerian citizens: Violates Section 16(1)(b), which requires the government to “secure the maximum welfare, freedom and happiness of every citizen” and Section 17(3)(c), which mandates the government to “direct its policy towards ensuring the citizens’ right to a decent living”.
5. Inability to provide security to citizens and protect citizens from kidnapping and bandits: Contravenes Section 14(2)(b) of the Constitution, which states that “the security and welfare of the people shall be the primary purpose of government” and Section 33(1), which guarantees the right to life.

Given the above, it is abuse of power, it is wicked, it is insensitive, it is cruel, and it is sadistic to subject 220 million Nigerians to hardship of whatever kind, and it portrays those who call themselves elected leaders and representatives as being psychopathic and sociopathic.

The President’s Speech

The president addressed the nation with a heavy heart and a sense of responsibility. He expressed awareness of the turmoil and violent protests in some states and confirmed the need for a better and more progressive country. And thereafter reeled out figures just like they did in Animal Farm.

Advice and Suggestions

• To protesters: Conduct your processions in peace, without looting, breakages, vandalisation, or stealing, etc.
• To hoodlums and their sponsors: Desist from invading the procession of protesters, as they have the backing of the law, which you lack.
• To hooligans and their sponsors: Desist from taking advantage of the situation and causing mayhem.
• To security personnel: You must remain apolitical, the failure of which the International Court of Justice, international sanctions, and the looming multi-polar world awaits you.
• To government officials: Numerous administrations have come and gone and someday it will be history with you guys on the streets; therefore refrain from issuing threats, demonising protesters and stifling peaceful dissent, etc. And listen to demands of the protesters, Nigerians and friends of Nigeria with wisdom.

After all, in a democratic dispensation the voice of the majority, the ayes, have it!

Adamu Rabiu (Bakondare) writes from Kaduna