The Federal Government of Nigeria is a state based on the principles of democracy and social justice, where sovereignty belongs to the people.
Civil demonstrations cannot be over emphasised in any state based on the principles of democracy and social justice.
The theory and practice of civil governance all over the world have endorsed and accepted civil demonstration as capstone in civil governance, and as such, ought to be protected and guided jealously. As a non-violent approach used as a feedback from the governed, over the impact of government policies and programmes on the lives of the masses characterise democracy in civilized societies.
Civil demonstrations as it were have suffered tremendous setback in recent times. We shall take a chronicle of different occasions were this important component of democracy was abused and as a result threatened the rule of law in Nigerian evolving democracy.
The Nigerian state have had several cases where the Nigerian police force disrupted the political rallies, for instance on the 22nd day of September, 2003, the police disrupted the rally conveyed by the defunct All Nigerian People’s Party (ANPP) which they justified the disruption by claiming that the organizers of the rally did not obtain police permit.
This reason was not genuine enough for General Mohammadu Buhari as he then was, and other leaders of the party as they quickly seek for justice in a court of competent jurisdiction over the perceived denial of their groups Fundamental right for Assembly and expression in a suit filed at the Federal High Court Abuja, against the then Inspector General of Police, the claimants challenged the provision of the constitutionality of the public order Act relating to police permit. In a thorough examined judgment, the learned trial judge (Justice Chinyere J.) held that the police permit was inconsistent with sections 39 and 40 of the African charter on Human and peoples Right Act (Cap A9) Laws of the federation of Nigeria, 2004.
The appeal filed against the judgment was dismissed. In affirming the decision of the lower court, Olufunmilayo Adekeye (JCA) as he then was, after a critical examination, observed that “A rally or placard carrying demonstration has become a medium of expression of views in current issues with regards to government and the governed in any given sovereign state, that it is the trend recognised and deeply entrenched in the system of governance in civilized societies and that it will not only be primitive but debasing and retrogressive if Nigerians continue to require a police permit before rallies and the civil demonstrations can be held”.
With respect to the epochal judgment of the court of Appeal and the expansion of the democratic space the National Assembly was compelled to amend the electoral Act to facilitate the observance of the people fundamental rights to Freedoms of expression and Assembly. Thus, section 94(4) of electoral Amendment Act, 2001 stipulated that notwithstanding any order or any regulations made there under, or any other law to the contrary, the role of the Nigerian Police Force in political rallies and other nonviolent civil processions shall be limited to the provision of adequate security for the protesters.
Another case of violation of the rights of protesters is the disruption and violent attack on the peaceful rally of “Our Mumu don do group” led by Charley Oputa. It was a violation of section 42 of the federation constitution which has prohibited discrimination on the grounds of public opinions. As democracy admits of freedoms of expression. Therefore, the incessant disruption of public meetings and other forms of civil demonstrations by the police and other security agencies is illegal and unconstitutional and against the progress of any developing democracy, such as the Nigerian state.
Furthermore, in a society where the rule of law is supreme, orders of court are obeyed and adhered to until set aside, for instance, recently in England, the supreme court held that the suspension of parliament was unlawful and the prime minister and other agencies of government complied with the order for parliament to resume, despite country opinions. In the contrary, the Nigerian state has continued to wave or even defy the courts. A typical example is the case of Mr. Omoyele Sowore, the revolutionNow convener, who called for a civil revolution as he could not sit down and watch any longer as the nation continues to fall off in almost all its key areas of survival; such as insecurity, banditry, poverty, unemployment, anti people’s policies and unending terrorism.
Mr. Sowere was detained and charged for treason, in spite of a court order from the Federal High Court, Abuja, which on September 24, 2019 ordered his release. The Department of State Security (D.S.S) insisted and appealed for a higher court to grant him further detention and arraignment, it is unfortunate that the present administration has thrown caution to the wind in disrespecting the rule of law.
In conclusion, may I remind the presidency as well as the Nigerian Police Force that the president of Nigeria, President Mohammadu Buhari had in the recent past taken part in peaceful demonstrations to protest against alleged manipulations of election results and perceived areas of failures of government in the country, and as such, using State Security Agencies to clamp down on peaceful demonstrations such as protests/people revolutions only amounts to adopting military principles into a civil government such as ours, thereby backsliding our democratic progress.
Going forward, Nigerians hope to see the Nigerian State compete with other growing nations and seek to uphold true democratic tenants.
Nigerians hope to see where the rule of law and the fundamental rights of citizens are guaranteed.
Nigerians hope that the security agencies will understand transparency as against impunity in the discharge of executive powers.
In the same vein, the Nigerian police should know that it is a creation of the law and cannot act above the law that created it and cannot therefore, reenact through the back door decree No. 2 and 4 of the Dark Military Era restraining democratic voices.
Oguzie is a civil rights agitator.

Kingdom Oguzie