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
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.