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Of Civil Demonstrations, Democracy And The Law

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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

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How We Saved N2.3bn From  LG Reforms – Diri 

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Bayelsa State Governor, Senator Douye Diri, has revealed that the reforms initiated and implemented by his administration led to the saving of the sum of N2.3 billion for the local government councils.
The governor disclosed this recently at the opening ceremony of an orientation programme organised for newly-elected local government council chairmen, vice chairmen, councilors and principal officers at Perdis Hotel, Akenfa.
Gov Diri stated that on assumption of office in 2020, some local government councils were highly indebted and unable to pay salaries but his administration took measures that resulted in regular payment of salaries, execution of projects and saving of funds.
The Bayelsa State Chief Executive restated his call on the Federal Government to create additional local councils in the state, saying it was injustice for some states to have more than 40 councils and receiving monthly allocation from the Federation Accounts Allocation Commission (FAAC), while the state had only eight.
He charged the newly elected local government officials to make good use of the two-day workshop to equip themselves with the requisite knowledge to carry out their responsibilities.
The governor also called on them to work as a team to ensure that development was felt at the grassroots.
“Local governments as at 2020 were unable to pay salaries, particularly Nembe, Ogbia, Ekeremor and Sagbama. There was some form of dissatisfaction in the system.
“After I went through the recommendations of the Deputy Governor, whom I entrusted with investigating the local government, I wasted no time in approving the recommendations.
“The recommendations included the ban on loans from any source by local government chairmen without approval of the governor; compulsory savings by every council; and the division of balance after payment of salaries into 60 and 40 per cent respectively. One part was for compulsory savings and the other to project implementation and immediate commencement of computerisation of their payroll as well as compulsory quarterly award of projects by each council chairman.
“We found a lot of fraud in the local government system. But as it stands today, our councils have N2.3billion as a result of the combination of the factors of reforms and proper supervision of that tier of government.
“The breakdown is N400million compulsory savings while N1.9 billion for capital projects. This is aside from the one done by caretaker committees in terms of project execution within the short period they stayed”, the governor said.
Gov Diri assured of his administration’s  commitment to support the councils to achieve their goals and expressed  confidence that the new officials would meet the expectations of the people.
“We firmly believe that good governance begins at the grassroots level. That is precisely why we have gathered here to equip you with the necessary skills and knowledge to improve our local government administration and  enhance service delivery.

Ariwera Ibibo-Howells, Yenagoa

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Monarch Cautions Against Divisive Politics, Declares Support For Fubara 

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The Eze Oruamara/Regent of Okwuzi Kingdom in Ogba/ Egbema/Ndoni Local Government Area of the State, Eze Victor Afaka, has sued for peace among the political class in the State.
Eze Afaka made the appeal while speaking with The Tide on the sidelines of the governorship victory thanksgiving service by the Ogba Egbema /Ndoni Chapter of the Simplified Movement in Omoku.
He said Governor Fubara should be allowed to display the vision that God has given to him to govern the state.
According to him, since every administration has its term and tenure, the man presently at the helm of affairs in Rivers State must be given the opportunity to complete his own term and tenure.
“I advise politicians to sheathe their sword and allow peace to reign. Politics and governance have their terms and tenure. When it is your tenure, you have your vision to display; when you conclude that vision God has given you as a leader of your community or of a state, you step aside and leave the next person to display the vision God has given to him” he said.
The traditional ruler said he and  his people, including the youth, women and the Ogbakor Egbema, decided to attend the service because of the excellent vision of Governor Fubara
“We are happy, Okwuzi people are in full support of the government, the government of His Excellency, Sir Siminalayi Fubara”, he added.
He said that the governor’s peaceful disposition to governance has endeared him to His Kingdom, noting that Okwuzi kingdom was already a beneficiary of the present administration’s purposeful governance as the Omoku/Okwuzi road abandoned 10 years ago, was nearing completion.
“ONELGA, Okwuzi are benefitting from his government.The road that was abandoned for ten years is being completed right now and we know that there are so many other things he will do for us”, he said.
While urging the state government to give desired attention to the Okwuzi General Hospital that is in a state of dilapidation, Eze Afaka entreated Governor Fubara not to be distracted, but to continue to promote peace and development across the State.

John Bibor

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APC Stakeholders Storm Secretariat, Demand Ganduje’s Resignation

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A group of North Central stakeholders in the All Progressives Congress (APC) has stormed the national secretariat of the party in Abuja, demanding the resignation of the National Chairman, Dr Abdullahi Ganduje.
Addressing newsmen in Abuja yesterday, the protesters said their demand followed his recent suspension by a faction of his ward executives and the alleged bribery allegation levelled against him by the Kano State government.
While they chanted solidarity songs and displayed several banners some of which read, “Ganduje must resign” and “Return the APC chairmanship to North Central,” the protesters appealed to President Bola Tinubu and the Secretary to the Government of the Federation (SGF), George Akume, to consider returning the leadership of the party to the North Central.
Only on Tuesday, the Forum of APC State Chairmen had passed a vote of confidence on Ganduje, affirming their unalloyed support to him.
The protesters under the aegis of Concerned North Central APC Stakeholders lamented that the continued stay of Ganduje in office was a clear violation of the zoning principle in the party.
Mohammed Saba, who led the protesters, said unlike the 37 APC state chairmen, his people in the North Central have passed a vote of no confidence on the national chairman and equally demanded his immediate resignation.
Saba reiterated that the people of North Central felt betrayed when the position of APC national chairman was hijacked from them following the exit of Senator Abdullahi Adamu despite giving Tinubu the third highest votes after North West and South West at the 2023 presidential election.
He said, “We, the North Central APC Concerned Stakeholders, have resolved to unanimously agitate for our right and reclaim our mandate which was handed unto us by the National Convention of our great Party in 2022.
“Various sections of our constitution have established the procedure of replacing an executive member at all levels of the party in the event of death, resignation, incapacitation or expulsion from the party by any executive member.
“It is a fact that the emergence of Dr. Umar Ganduje as national chairman was done against the spirit and soul of the APC which is the constitution of our great party. This singular act has impacted negatively on us as a people in the North Central.

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