Legitimacy Of Protest

In recent times, the Nigerian nation-state has been inundated with protests from youths with regard to executive lawlessness and abysmal governance.
The festering police brutality especially by the unit called Special Anti-Robbery Squad (SARS), was the last straw that broke the camel’s back.
The lack of respect for human life, the dignity of human person and torture were brazenly demonstrated by SARS.
SARS lived above the law and had gained a level of notoriety for extra-judicial killings and were never brought to book for their unlawful acts.
Youths were the targets of the police unit, virtually all youths were suspects. They were harassed, intimidated, tortured, extorted and killed, yet the government feigned ignorance of their actions.
Suspects arrested by the SARS operatives paid huge sums of money to regain their freedom even when they hadn’t committed any crime yet you find inscription in police stations that “bail is free.”
In spite of the Anti-Torture Act of 2017, SARS went about their operation as usual, killing and maiming people without hindrance.
There is no doubt that the world wide protest over the extra-judicial killing of a black American suspect, George Floyd by white policemen, has inspired the need for propriety and adherence to the rule of law.
Hitherto, the police had their way in doing evil, while public complacency made it go unnoticed and simmer.
Interestingly, the ongoing youth protest has paid off handsomely as SARS has been proscribed.
But the youths are not done with protest yet, they say SARS has become synonymous with all the wrong doings in the country that must be corrected.
The Nigerian Youths despite ethnic cleavages unanimously demand the reduction of salaries and allowances of senators and representatives. Hard facts bear out that while the masses wallow in misery and abject poverty, the senators roll in luxury.Most politicians loot the nation’s treasury without compunction. In a country named among the world’s poorest, the senators are the highest paid. Such is the height of corruption and deliberate impoverishment of the masses.
In the light of weird happenings, the protesters also want a more transparent war against corruption.
The youths aver that the bane of the Nigerian nation is a failed leadership, abysmal electoral system and insipid economy. They have given ultimatum to the Federal Government to make reforms or face a more momentous demonstrations in a wider spectrum.
However, the government is fingering the opposition and pockets of disgruntled elements in the ruling All Progressives Congress (APC) for the protests.
The APC believes that the youth protest is politically motivated. FG wants to find out who is bankrolling the protest. Allegations have been levelled against notable politicians.
The Federal Government intends to deploy soldiers to quell the protest in view of its escalating propensity and the inability of the police to manage it.
Besides, if the demonstration is not well managed, there is a likelihood that it will turn to a revolution. That is why many are beginning to ask whether protest is legitimate.
Protest is a human right that finds expression in the right to freedom of assembly, and association and the right to freedom of speech.
The right to the freedom of assembly and association as well as the right to the freedom of expression and press respectively are found in sections 40 and 39 of the constitution of the Federal Republic of Nigeria, 1999 as amended.
These rights are entrenched in the nation’s grundnorm, the constitution. Therefore, any law that is inconsistent with the spirit and letters of the constitution to the extent of that inconsistency is null and void.
However, the fundamental rights contained in chapter IV of the aforesaid constitution are not without limitations. The limitations are contained in the constitution as well.Also the International Covenant on Civil and Political Rights which Nigeria is a signatory contains prohibition on propaganda of war and advocacy of national, racial and religious hatred.
Interestingly, the right to protest is limited by threat to the interest of national security, public safety, the protection of public health or morals or protection of the rights and freedom of others.
Under the aforementioned situations the fundamental rights can be derogated.
However, not all protests are violent or become a threat to the national security. Where the protests are largely peaceful, what the police ought to do is monitor the protesters so that they neither derogate the right of others nor take the laws into their hands.
The right to the freedom of expression enables protesters to express themselves in a responsible manner without trampling on the right of others.
Only recently the protest over the killing of George Floyd shocked the American government as the protesters spent hours in front of the White House. The protest was also replicated in many American states and different parts of the world.
There wasn’t any attempt by government to kill protesters.
In spite of the destructions, looting of shops and other mischievous acts by the protesters, the American government was able to contain the demonstrations that spanned over two weeks.
In the celebrated case of All Nigeria Peoples Party vs. Inspector General of Police (2008) WRN 65 decided by the court of Appeals, it was held that Nigerians have the fundamental right to stage rallies and protests without permit.
Pathetically, asking for permit to demonstrate is a derogation of the right to free speech and free association. Constitutional rights of citizen cannot be derogated unless on suspicion of having committed a crime. To ask for a permit to exercise your fundamental right goes against the grain.
Again, in certain states of the Federation, governors are trying to ban the right to protest and muzzle free speech through their legislature. The laws made by such state Houses of Assembly banning protests are null and void because they are inconsistent with the spirit and letters of the 1999 constitution.
More so, the case of ANPP Vs IGP Supra has given backing to the citizen’s right to protest without permit. But where one’s right stops, that where another person’s right begins.
The reason why governors do not like public protests is because it can be hijacked.
Sometimes, a planned peaceful protest is hijacked by hoodlums and it goes violent. At other times, it occasions looting, arson and wanton destruction of properties. No government will tolerate violent or misguided protests.In such circumstances government is likely to weld its coercive power to make miscreant conform to civilised standard of behaviour. To do the least is to allow a revolution take place.
In Edo State, the protesters caused a jailbreak and freed all prison inmates. Those standing trial for various crimes were freed thereby jeopardising the justice system.
In Apo District of Abuja, more than 200 cars in a car stand were set ablaze causing a monumental loss to ordinary citizens who are not in government but trying to eke out a living in the harsh economy. These businessmen are also victims of executive recklessness.
Individual and corporate accounts were hacked by a notorious criminal simply known as ‘anonymous’, who happens to be one of the youths craving for a better Nigeria. Evil cannot cast out evil.
The siege in Lagos State especially at the toll gate has led to loss in revenue of more than two hundred million naira.
The protesters public façade of reforms masks their heinous criminal intent. There is no doubt, however, that the protesters are being sponsored to wreak havoc and unleash mayhem. Those whose property have been destroyed by the rampaging youth will find it difficult to recover. Sometimes, the mercantile interest of a region or an ethnic nationality may be targeted.
What happened in the Apo District of Abuja was a blatant victimisation of the Ibos for no just cause.
Consequently, enemies of the present administration may cash in on the already chaotic situation to sink the nation. Separatist agitators are likely to seize the moment. That is why the present administration must do something urgently to pacify the rampaging youths or compel them to leave the streets. “Not to do something is to be crippled fast.”
While Nigerians commend the youths for their timely intervention to stop or cure some of maladies of the nation, it is important to note that reformation is piecemeal and revolution immediate. A call for reformation is germane but revolution an unnecessary evil.

By: Chidi Enyie