Politics
Of Civil Demonstrations, Democracy And The Law
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
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
The Kano State House of Assembly has debunked the purported impeachment plan against the Deputy Governor, Aminu Gwarzo.
The Tide source recalls that the Kano State Commissioner for Information and Internal Affairs, Ibrahim Waiya, recently sparked controversy during an interview session with a local radio station.
Mr Waiya called on the deputy governor to resign for failing to follow his principal, Gov. Abba Yusuf, in defecting from the New Nigeria Peoples Party (NNPP) to the All Progressives Congress (APC).
However, the spokesperson to the Speaker of the state House of Assembly, Kamaluddeen Shawai, while addressing journalists in Kano on Saturday, described reports circulating in some media outlets about Mr Gwarzo’s impeachment as baseless and misleading, emphasising that no such plan is underway.
Mr Shawai further stated that the House remains focused on its legislative duties and oversight functions rather than engaging in speculative political manoeuvres.
The spokesperson urged members of the public and the media to verify information before sharing it, stressing the importance of accurate reporting in maintaining political stability in the state.
He said, “There is absolutely no motion or initiative within the House to remove the deputy governor.
“These reports are false and should be disregarded by the public. The deputy governor continues to serve in his capacity with full support from the House.
“Our priority is good governance and serving the people of Kano, not circulating rumours.”
She made the declaration during an interview with Nigerian football legend, Mr Segun Odegbami, during a live radio interview on Saturday.
Prof. Obasanjo, who is also former commissioner in the state, ruled out a return to the Senate, stating that her focus was firmly on the governorship race.
“So, moving ahead, I’m not going to be Commissioner. Like I said, I’m not even going back to the same party because I think that’s old and I don’t see the use of it. And I’m not going to go back to the Senate,” she said.
“Like the Americans would say, there’s no need. And this is what I told my associates, when this all started. I said, the only thing I’ll come back to do is the governorship.
“And we have started that journey. We are going to see it through. And so that’s the journey I’m on. And we are very serious about it. I mean we are very dedicated to it.”
The politician also confirmed that she recently joined the APC, explaining that her return to active politics followed persistent calls from supporters.
“Like I told you, a group of people who I did not bring together, have been working, I think, for two years now. And then they started talking to me about a year ago, saying, ‘Look, we think you are the best candidate. We want you back,’” she added.
Her declaration sets the stage for what may become a keenly contested governorship race in Ogun State ahead of the 2027 elections.
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