Understanding the Right to Protest in Nigeria

As Nigeria braces for a planned nationwide protest against economic hardships, understanding the right to protest becomes crucial. Protests, a fundamental aspect of democratic societies, allow citizens to express dissent, demand change, and hold leaders accountable. Here’s a comprehensive guide to what you need to know about the right to protest in Nigeria.

Constitutional Foundation

The right to protest in Nigeria is enshrined in the 1999 Constitution. Specifically, Section 40 guarantees every Nigerian the right to assemble freely and associate with others, particularly to form or belong to any political party, trade union, or any other association. This provision forms the bedrock of the right to peaceful protest, a critical component of democratic engagement.

Legal Precedents

The issuance of police permits for rallies or any other assembly is not a requirement for exercising this right. The police cannot demand people to apply for permits before organizing an assembly. This was confirmed in the case of Inspector General of Police v. All Nigeria People’s Party (2008) 12 WRN 65, by the Nigeria Court of Appeal.

Public Order Act 1979

However, Section 1 of the Public Order Act 1979 empowers a State Governor to prescribe the route by which and the times at which any procession may pass. The general public will be notified about this requirement before the rally. Additionally, while the use of uniforms for assembly is permitted by Section 7 of the Act, the Commissioner of Police in the relevant state may prohibit its use if it is offensive or likely to cause a breach of the peace. This law aims to ensure that protests are conducted peacefully and do not devolve into chaos or violence.

Controversial Requirements

The requirement to notify the police has often been a contentious issue. Critics argue that it is used to stifle dissent, while proponents maintain that it is necessary for maintaining public order and safety.

Limitations and Challenges

Despite constitutional guarantees and judicial backing, the right to protest in Nigeria faces significant challenges.

Police Response

The police and other security agencies often respond to protests with heavy-handed tactics. This includes the use of tear gas, water cannons, and sometimes live ammunition. Such responses have led to injuries and fatalities, raising concerns about human rights violations.

Government Restrictions

Authorities sometimes impose restrictions such as curfews or bans on public gatherings, particularly during periods of heightened political tension. These measures, while often justified on grounds of security, can infringe on the right to peaceful assembly.

Hijacking of Protests

There is a legitimate concern that protests can be hijacked by individuals or groups with ulterior motives, leading to violence and property destruction. This risk underscores the need for effective protest management strategies by both organizers and law enforcement agencies.

Public Perception

Public opinion about protests can be divided. While some view protests as a necessary tool for demanding accountability, others see them as disruptive and potentially violent. This division can influence how protests are perceived and handled by authorities.

Best Practices for Peaceful Protests

For protests to be effective and peaceful, organizers and participants should adhere to certain best practices:

Advance Notification

Inform the police about the protest in advance to ensure that necessary security arrangements are made.

Clear Objectives

Clearly articulate the objectives of the protest to ensure that the message is understood by participants and the public.

Non-Violent Approach

Emphasize non-violence in all communications and actions. Training marshals to manage crowds and prevent provocations can help maintain order.

Collaboration with Authorities

Engage with the police and other relevant authorities to agree on routes, timing, and other logistics.

Public Awareness

Use media and social platforms to raise awareness about the protest and its objectives, ensuring broad support and participation.

Conclusion

In Nigeria, the right to protest is constitutionally guaranteed but faces numerous challenges. As the nation prepares for the upcoming protests against economic hardship, it is crucial for all stakeholders—government, security agencies, and protest organizers—to ensure that this right is upheld peacefully and constructively. By understanding the legal framework and adhering to best practices, Nigerians can effectively exercise their right to protest and advocate for change.