The Citizens’ Right to Protest

Agitations and protests have been noted several times in the history of Nigeria, from pre-independence till date, these actions have either led to a definite change in the system or further sparked a bigger chain of reactions.(Guardian Nigeria, 2020)

Protests are a vital expression of democratic rights. They allow citizens to voice their opinions, grievances and demands collectively and effectively. In Nigeria, where political and social issues often go unaddressed, protests provide a platform for the discontented to make their voices heard. This active participation is essential for a healthy democracy, ensuring that the government remains responsive to the needs and aspirations of its people (Punch Nigeria, 2024).

With the ongoing issues in the country like the daily hike in the price of food, petrol, and cost of living, among other things, the need to protest has arisen. Protest is not necessarily violent or a means of destruction of lives and properties, it is simply a way by which citizens voice out their displeasure with social issues, and the right to do this is protected both locally and internationally. Nigeria, as a State Party to the 1966 International Covenant on Civil and Political Rights (ICCPR), recognises the right to peaceful assembly under Article 21. This article stipulates that the right may only be restricted under specific conditions necessary in a democratic society, such as for national security, public safety, public order, or the protection of health, morals, and the rights and freedoms of others.

Chapter 4 of the constitution of the Federal Republic of Nigeria, provides for the rights of the citizens. Under this chapter, Section 40 (CFRN 1999) provides for a citizen’s right to peaceful assembly. it states thus; “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: Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition”.

It provides for the right of every citizen to free association and assembly. The Nigerian government has emphasised that the constitutional right to peaceful protest must be upheld, acknowledging it as a vital component of democracy (AllAfrica, 2024). It is paramount to emphatically state that the right to peaceful assembly and free expression, including the right of citizens to protest, are fundamental rights enshrined in the Constitution of the Federal Republic of Nigeria (AllAfrica, 2024). This right was further recognised by the Presidency recently where it clearly stated that every Nigerian has a right to peaceful protest (Vanguard, 2024).

Having looked at the provisions of the constitution as regards protest, it is important to know what a peaceful protest entails. A peaceful protest, also known as nonviolent resistance, is a form of protest in which participants do not engage in any action that could be deemed violent. Participants in a peaceful protest are unarmed, they do not fight back against attempts to stop their actions, and they refrain from damaging any private property. They make use of placards, signposts, marching and singing songs, and in some cases, boycotting work.

In a country where most people are unhappy which has given rise to the protest, it should also be remembered that the protest is a way to effect change through constitutionally recognised rights and as such, should be peaceful without any destruction or loss of lives. A peaceful protest, when properly done would give rise to dialogues between the government and the representatives of the people, proper evaluation of possible causes of the protests, and an all-round economic improvement. Where the protest is not peaceful, however, there could be loss of lives and properties, looting, destruction of public infrastructures, and loss of the much desired and valued peace and order in the country.

Just like the citizens have the right to protest, the police and other law enforcement agents have a role to play in ensuring that peaceful protesters are protected. They have a duty to serve, protect, and act professionally to ensure that the citizens exercise their rights in a peaceful manner. The importance of their role cannot be overemphasized as their actions would go a long way in maintaining order and public trust in terms of security which in recent times has been weary. Looking at the crackdown on the #EndSARS protests in October 2020, where military and police forces killed at least 12 unarmed protesters, have left a lasting impact. This was recently underscored by an ECOWAS Court ruling that found the Nigerian government in violation of protesters; rights during these events (Human Rights Watch, 2024).

Government agencies have a part to play in ensuring that there is peace in the protests and to go after any disruptors of these protests. The government has the ultimate role to play amid the protests by actually making moves to address some of the issues raised in the protests instead of finding ways to suppress them. The government must serve its citizens and that should be the ultimate goal in every situation. The use of force is frowned upon generally both by the citizens and the International Human rights communities watching closely. Closed-door meetings with labour leaders and heads of various pressure groups should be encouraged to tackle some challenges and find a middle ground for everyone to restore the country’s peace and order.

In conclusion, peaceful protest is done in the interest of the people and the country at large, hence the citizens must ensure that they do not give room to the few bad eggs who might want to use it as an avenue to destroy or discredit the good intentions of these protesters.

Paul Dozie Uwakwe Esq

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