THE RIGHT TO A PEACEFUL PROTEST: A FUNDAMENTAL HUMAN RIGHT

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Peaceful protests often inspire positive social changes and improved protection of human rights in a democratic society. The right to join with fellow citizens in protest or peaceful assembly is fundamental to a functioning democracy and it is one of the machineries needed for building a progressive society. 

The right to a peaceful protest by the citizens, is a manifestation of different fundamental human rights which are: the right to freedom of peaceful assembly, the right to freedom of association, and the right to freedom of expression.

Section 40 of the Constitution of Federal Republic of Nigeria, 1999 as amended provides 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 interests…”

When citizens assemble they do not just assemble for the sake of it, they usually gather and associate with one another for the purpose of expressing their views on an issue which may be affecting the nation. The expression of one’s views on issues is a fundamental human right itself guaranteed by our Fundamental Organic Law (the Constitution). 

Section 39(1) of the Constitution of Federal Republic of Nigeria, 1999 as amended provides that:


“Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

The right to a peaceful protest is further guaranteed and protected under Article 9 of African Charter on Human and People’s Right. The African Charter on Human and People’s Right has been ratified and domesticated in Nigeria by virtue of Chapter A9 of the Laws of Federation of Nigeria, 2004. Article 9 of the said Charter provides as follow:


“Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.” 

In IGP v ANPP (2008) 12 WRN 65 the Court of Appeal held that:

 

“…A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a tread recognized and deeply entrenched in the system of governance in civilized countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”

Thus, the arrest and molestation of protesters by men of the Nigeria Police is a violation of the protesters’ fundamental human rights. The actions of the police towards protesters justify the assertion that officers of the Nigeria Police lack professionalism, and this shows how poor our policing system is in Nigeria.

 

END SARS! END POLICE BRUTALITY!! REFORM THE NIGERIA POLICE FORCE!!!


Jimoh Mokanreola Bamigbola Esq.

FOR: M.J.B. BAMIGBOLA & CO.

mjbbamigbolaandco@gmail.com

 

 

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