By

TOHEEB ABDULSAMOD OBASANJO[1] & ASHIMI SAOBAN ADEDAYO[2]

 

Abstract

Protests are a fundamental right in democratic societies, enabling citizens to express grievances and demand government accountability. This article examines Nigeria's “End Bad Government Protest,” focusing on protests as an embodiment of the right to freedom of assembly and association. Driven by young Nigerians, the movement addresses systemic bad governance, lack of accountability, hunger, and poverty.

The Nigerian Constitution guarantees the right to protest, but the state's response to the End Bad Government Protest reveals implementation challenges. Findings show state actions undermining this right through excessive force, arbitrary arrests, and restrictions under the guise of maintaining public order. These actions violate constitutional rights, exacerbate public discontent, and erode trust in government institutions.

This research employs doctrinal methodology, analyzing causes, legal frameworks, and protest outcomes. It draws on law articles, journals, textbooks, news reports, presidential addresses, and ongoing debates. The study underscores the importance of protecting the right to protest in democratic governance and highlights the need for legal and institutional reforms to ensure citizens can exercise their rights without fear of repression.

Ultimately, this research contributes to the discourse on civil liberties and governance in Nigeria, emphasizing a balanced approach that respects citizens' rights while maintaining public order.

 

Introduction

The provision of Section 40 of the Constitution of the Federal Republic of Nigeria (as altered)  makes provision for the Right to peaceful assembly and association. The constitution provides expressly in this provision that:

            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 interest:

            Provided that the provisions of this section shall not derogate from the powers conferred by this constitution on the Independence National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

The above provision particularly the first part of the provision serves as the legal framework for protest or any form of peaceful assembly in Nigeria. This particular constitutional provision has an inseparable alignment with Section 14(2)(c)[3] which boldly accentuates the vitality of public/popular participation in Nigerian modern democracy.

It is a trite law as provided for in the section above that protesting or engaging in peaceful assembly is a fundamental right of every individual in a society which the law protect with all its might. The court in the popular case of LEWIS CHUKWUMA & 2 ORS. v. C.O.P[4], were the court affirmed the position of the Public Orders Act, however two years after the judgement of the court, the Court of Appeal in the case of IGP v ANPP[5], a case decided in the Ilorin division, the Court  nullified the provision of the Public Orders Act that required seeking permit from the police before protesting. The court further held that such a requirement is against the provision of the Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as altered) particularly in Section 40 which provides for the Right to Peaceful Assembly and is a breach of Fundamental Human Rights. The court was of the opinion that people should only inform the police of such intention to carry out a peaceful assembly and not in any way seeks their permission or consent.

 

Limitations to the Right to Peaceful Assembly and Association

As constitutionally entrenched, the right to peaceful assembly and association is not absolute. Various laws that seek to protect this right also lay down certain circumstances in which this right can be limited. These limitations are established and allowed by Section 45 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) which states that:

Nothing in sections 37, 38, 39, 40, and 41 of this constitution shall invalidate any law that is reasonably justifiable in a democratic society;

(a) In the interest of defence, public safety, public order, public morality or public health; or

(b) For the purpose of protecting the rights and freedom of other persons

In essence, the right to peaceful assembly and association can be derogated from in the interest of defence, public safety, public morals, public health, maintaining national security, protecting others’ rights and freedoms

A typical example of limitation for the protection of public health is the COVID 19 pandemic, during the pandemic, government laid down policies to reduce the transmission of the virus. These policies included the ban of gatherings above ten people as well as a ban on religious gatherings. These measures clearly restrict the individual’s right to freely assemble but is in line with the provisions of the law.[6]

Similarly, an example of limitation in the interest of national security is the restriction of public gatherings in certain locations of the North-East in Nigeria in an effort to curb the insurgency and acts of terrorism. As a means to protect citizens, government made policies that tend to limit the right to freely assemble.[7]

 

The Uprise of 2024 End Bad Governance Protest (hereinafter referred to as EBG Protest)

Peaceful assembly and protest are crucial mechanisms the populace adopt to voice out their grievances; influence government actions, policies and decisions and activate its inaction. Protest is not a newborn in the Nigerian society. Over the years, from the colonial era till present date,  Nigerians protest to vociferate a basket of grievances. Notable among these protests are Aba Women’s Riot,[8] Abeokuta Women’s Riot,[9] Ali Must Go,[10] Anti-SAP Riots,[11] June 12 Protests,[12] End SARS Protest[13] and a bunch of others.

The upfront grievances of the protesters were complaints about hunger, bad governance and soaring inflation.[14] Initially, the protest was ongoing peacefully across Nigerian states such as Lagos, Kaduna, Kano, Gombe, Jigawa, Borno, Yobe, Katsina, FCT Abuja among other states. However, in an attempt to disperse the protesters, they were met with forceful reaction by law enforcement agencies i.e which culminated into violent scenarios.[15] Within the few days stagedfor the EBG Protest, a score of protesters were killed by the police while some were arrested for vandalism, barricading, waving Russian Flag seeking President Vladimir Putin’s intervention.[16]

The President Bola Ahmed Tinubu reacted to the nature of the protest with a presidential address acknowledging the public’s frustration and pain at the same time urging the protesters to discontinue the EBG protest giving room for dialogue.

 

Reactions to the Outcome & Discontinuance of the Protest by Presidential Order

The United Action Front of Civil Society condemned the violent disruption of the nationwide protests by Nigerian security operatives. The CSO called on the Inspector-General of Police to prevent further violence, expressing disappointment with the police's actions despite prior assurances of peaceful conduct during the protests.[17]

Amnesty International, the National Human Rights Commission and the Human Rights Writers Association of Nigeria (HURIWA) condemned the use of force on protesters by Nigerian security agencies[18]

According to Mr. Femi Falana (SAN), a prominent human rights lawyer & activist, he said the presidential speech falls short of addressing the key demand of the protesters: reversal of the policy of withdrawal of fuel subsidy. He further condemned the repression of the peaceful protesters while commiserating with all those who lost loved ones in the protest.[19]

 

Excessive Limitations Curtailing Right to Peace Assembly

The following are examples of limitations which breach freedom of assembly:

• Restricting the right of assembly not on any of the grounds for limitations permitted by law.
• Violently disrupting a peaceful protest or rally.
• Imposition of fines or penalties for conducting a peaceful assembly.
• Causing physical harm to peaceful protesters.
• Preventing the conduct of a peaceful assembly.
• Arresting or detaining a peaceful protester.
• Proposing laws that seek to restrict the right to assemble on any of the grounds for limitations permitted by law, but not being justifiable on a democratic society or not meeting the requirements of legality, necessity and proportionality.

 

Checks on Excessive Limitations and Breaches of Right to Peaceful Assembly and Association

Inarguably, the restrictions to freedom of assembly must meet certain standards. These standards include:

1. The limitation must be justifiable in a democratic society:  Authoritarian restrictions or limitaitons without a justification on these specific limitations cannot limit the right to assemble. This is stated in Section 45 (1) of the Constitution. This means that restrictions should first of all be the exception to the rule.
2. The limitation must be provided for by law:  This means that the government cannot create a limitation if it is regulated in another form that is not a law, for example a policy, a regulation, an ordinance or a verbal order.[20]

The law creating the restriction must identify the circumstances when the restriction should be applied in a way that is specific; not allow those restricting freedom of assembly discretion to choose how to limit it in a way that is not clear in the law and  not allow other human right violations.

1. The limitation must be necessary and proportionate: This is also stated in Article 11 of the African Charter. Restrictions must be applied only when there is a serious need for it to meet the purpose of Section 45(1). Hence, restrictions must be used in special cases as a last resort.

Restrictions must also be proportionate to the goal they are set to achieve and be the least restrictive as possible to meet that goal. The restriction must also relate directly to the specific aim of the restriction. A specific aim cannot be used as an excuse to limit freedom assembly.[21]

 

 Conclusion

Protest as a fundamental right is essential in democratic societies, as it allows citizens to express grievances and demand accountability. This article explores the Nigerian "End Bad Government Protest" (EBG), highlighting its focus on poor governance, economic hardship, and government accountability. Despite the constitutional guarantee of the right to protest, the state’s response to the EBG movement involved excessive force, arbitrary arrests, and curfews, which restricted citizens’ freedom of assembly. The research uses a doctrinal approach, analyzing legal frameworks and case studies. The paper emphasizes that while limitations to protests are allowed in the interest of public order, such restrictions must be lawful, necessary, and proportionate. The EBG protest underscores the need for legal reforms to protect citizens' rights to peaceful assembly.

This study concludes that the right to protest is a crucial pillar of democratic governance, as demonstrated by the End Bad Government Protest. Despite its constitutional recognition, the Nigerian government's handling of the protests raises concerns about the erosion of civil liberties through excessive state action. The study calls for urgent reforms to ensure that citizens can exercise their rights to assembly and protest without undue interference. A balanced approach that respects these fundamental rights while maintaining public order is necessary for strengthening democratic governance and fostering trust between the state and its citizens.

 

 

 

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[1] A 400 Level Common and Islamic Law Student, a Justice of the Students’ Union Court, University of Ilorin. He can be contacted via 07034689594/toheebabdulsamod@gmail.com

[2] A 300 Level Common and Islamic Law Undergraduate, Faculty of Law, University of Ilorin. He can be contacted via 09070344487/ashimisaoban@gmail.com

[3] This constitutional provision states, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’

[4] (2005) 8 NWLR pt. 927 @278

[5] (2007) 18 NWLR pt. 1066 @ 457

[6] Action 4 Justice Nigeria, Can Freedom of Assembly be Limited? Retrieved 15 August 2024

[7] ibid.

[8] History Of Protests In Nigeria: Reactions And Consequences. The Guardian Nigeria News - Nigeria and World News. 2020-10-25. Retrieved 15 August 2024

[9] Ibid.

[10] How 50 kobo increase in food caused nationwide students' protest. Pulse Nigeria. 2018-01-04. Retrieved 15 August 2024

[11] Hiltzik, Michael. A. "Nigeria Austerity Program Causes Deep Political Discontent: Africa: The results could be significant for the rest of the continent. Meanwhile, 'SAP' jokes go on and on". Los Angeles Times. Retrieved 15 August 2024

[12] Lewis, Peter M. (July 1994). "Endgame in Nigeria? The Politics of a Failed Democratic Transition". African Affairs. doi:10.1093/oxfordjournals.afraf.a098722[2.JSTOR 723365 C. Retrieved 15 August 2024 

[13]  Busari, Stephanie. "Nigeria's youth finds its voice with the EndSARS protest movement". Retrieved 15 August 2024

[14] Alexander Onukwe and Hamza Ibrahim, (1 August 2024). Nigerians protest ‘bad governance’, cost of living, runaway inflation, Semafor Gulf. Retrieved 16 August 2024.

[15] Cyril (1 August 2024). "Police open fire on protesters at Nyanya". The Sun Nigeria. Retrieved 16 August 2024.

[16] Ugwu, Francis (3 August 2024). "Protesters storm Kano streets with Russian flags, seek Putin's intervention". Daily Post Nigeria. Retrieved 16 August 2024.

[17] Chibundu, Janefrances (1 August 2024). "'It's unacceptable' -- CSO kicks against disruption of protest by security personnel". TheCable. Retrieved 16 August 2024

[18] Latest update on protest in Nigeria: Human rights groups condemn alleged attack on Abuja protesters". BBC News Pidgin. 3 August 2024. Retrieved 16 August 2024.

[19] Tinubu’s Speech Did Not Address Protesters’ Demands. Channels TV. Retrieved 16 August 2024.

[20] Article 11 of the African Charter on Human and People’s Rights

[21] Action 4 Justice Nigeria, Can Freedom of Assembly be Limited? Retrieved 17 August 2024