Legal debate intensifies on citizens’ right to protest

As the #EndBadGovernance protest begins today, legal experts, among others, react to the recent Lagos State High Court ruling restricting the protest in the state to certain locations, writes ONOZURE DANIA

Today, August 1, 2024, marks the beginning of the nationwide protest tagged #EndBadGovernance. The protest, meant to register the displeasure of the citizens against the policies of the government which have led to hunger and economic hardship,  is expected to end on August 10.

Before today, the Federal Government had feared that the protest might go the way of the #EndSARS protest of October 2020, which was characterised by the destruction of property.

The Federal Government had also mentioned that the protest could be hijacked. As a result, some security agencies had already deployed personnel across the country to protect lives and property during the protest.

In an announcement made by the Nigeria Security and Civil Defence Corps, Ahmed Audi, during a meeting with commandants and zonal Commandants at the Corps’ national headquarters in Abuja on Monday, the NSCDC Commandant-General said, “Based on the foregoing I have ordered the deployment of no fewer than 30,000 personnel nationwide which includes Intelligence and other Tactical Units across all formations; the Zonal Commanders and all State Commandants in the 36 States and FCT are to supervise their personnel and monitor the protest with a view of ensuring the protection of lives and property as well as securing the nation’s critical assets and infrastructure.”

Some supporters of the protest pointed out that President Bola Tinubu was among those who organised the Occupy Nigeria protest that started on January 2, 2012, against the administration of former President Goodluck Jonathan when he increased the price of fuel from N65 per litre to N87.

On Monday, women from different states were seen in Abuja carrying banners protesting against today’s protest, saying there must not be any protest.

A Lagos State High Court at Tafawa Balewa Square on Tuesday restricted protesters participating in the nationwide protest to specific locations within the state.

Justice Emmanuel Ogundare had made the order while declaring that demonstrations could only take place at the Gani Fawehinmi Freedom Park in Ojota and Peace Park in Ketu.

But the Lagos State High Court ruling confining demonstrators to the Gani Fawehinmi Freedom Park and Peace Park in Ketu, Lagos, from 8:00 AM to 6:00 PM, has sparked widespread reactions, with some questioning the judiciary’s role in safeguarding civil liberties.

The Convener, Access to Justice, Joseph Otteh, expressed grave concerns about the implications of this ruling on the judiciary’s reputation.

Otteh described the ruling as unfortunate and would occasion considerable reputational harm to the nation’s judiciary.

“The orders issued by the court significantly undermine principles fundamental to the exercise of judicial power and the normative content of globally recognised rights,” Otteh stated.

He stated that the court made these determinations without providing those affected the opportunity to a fair hearing.

“It is a rudimentary principle that every person is entitled to be heard before any orders are made against them,” he added.

Otteh continued by saying, “A truly independent court, conscious of its constitutional role, would not make orders that limit the exercise of fundamental rights in the manner this court has done.”

Speaking on the NBA stance on the protest, Otteh said it surprised many, describing it as misplaced, and emphasising that the association, which was founded to defend the rule of law, should prioritise expanding civic spaces for the expression of civil rights.

“The Bar ought to be more concerned with expanding civic spaces for the expression of civil rights and defending those who desire to exercise those rights within constitutional boundaries,” Otteh said.

But a Senior Advocate of Nigeria, Prof. Edoba Omoregie, says, “There is no specific portion of the constitution that guarantees anyone the right to ‘peaceful protest.”

He explained that the Constitution guarantees the right to peaceful assembly, freedom of expression, and freedom of movement. “It’s in reference to a combination of these constitutional guarantees that many assume the right to protest or peaceful protest is guaranteed,” Omoregie added, stating that “the right to peaceful assembly and association cannot undermine the right of others to free movement.”

He says that any protest that escalates into violence, riots, or insurrection will grant the government the authority to intervene, even by using lethal force if necessary.

“This is why it’s crucial for those planning protests to abide by the law,” Omoregie urged, stressing the need for transparency and accountability from protest organisers.

 “No responsible government will allow faceless people to cause confusion and harm in society in the guise of protest,” Omoregie asserted, advocating a civil and constructive approach to the expression of dissent.

Mrs Titilola Akinlawon, also a Senior Advocate of Nigeria, emphasised the constitutional right to protest, saying, “Of course, protest is a constitutional right which no one, not even the government, can take away.”

However, Akinlawon voiced concerns about the potential for violence, given the country’s current socio-economic climate.

“The contention is that because of the prevailing situation in the country of acute hunger, miscreants would exploit this to loot, maim, and kill,” she stated.

“There is so much hunger and anger in the land,” she noted, “and in such a situation, peaceful protest may turn violent, and no one knows how it would end.”

This delicate balance between safeguarding citizens’ rights to express their grievances and ensuring public safety underscores the complexity of the current discourse on protest and civil liberties in Nigeria.

Civil society organisations had reacted ahead of the protest day, reaffirming the right to peaceful protest as a fundamental aspect of democratic governance.

A coalition of 36 organisations issued a statement emphasising that peaceful protest is a legitimate form of expression, protected under international human rights laws and the 1999 Constitution. “Protesting allows citizens to publicly voice their concerns, challenge injustices, and participate actively in the democratic process,” the statement read in part.

However, these organisations also acknowledged the potential for protests to escalate, especially in a highly charged environment, thereby urging all parties, including law enforcement agencies, to prioritise safety and the rule of law.

“Law enforcement agencies have a duty to safeguard protesters while upholding public order. Demonstrators must avoid activities that might exacerbate tensions, cause unrest, or threaten public safety,” they advised.

A lawyer, Saheed Ajadi, believes that “the law should take its course, and anyone who acts contrary to the law should be punished without bias.”

Commenting on the economic measures taken by the Tinubu administration, such as the removal of petrol subsidies and the unification of the naira, Ajadi said, “All these measures have implications for the economy, and they have been primarily responsible for the crisis we are facing now in terms of inflation and the high cost of food.”

Despite these challenges, Ajadi expressed optimism about the future, urging Nigerians to support the government and offer constructive advice.