Today, the rate at which some so called ‘human rights activists’ have been arrested and prosecuted on allegation of committing criminal offence despite their relentless sacrifices in rendering services to humanity, has in my humble view, called for a strategy and a synergy among human rights activists and among the non-governmental organisations across the country, especially those that are not lawyers. This paper aims at encouraging all human rights activists to utilize the present circumstance as an opportunity to strategise in their mode of operation.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
I had said it before and I shall say it again here that the nature of human rights activism is such that there are lots of challenges in the path which are enough to discourage one from the path. Sometimes, one’s financial challenges and those of the victim (or if in the public interest, which attract no fee at all), are enough to discourage one from pursuing such goal. A human rights activist at a time or the other faces a lot of criticism and name-calling by some critics. Some would speak to intimidate, threaten, and tarnish his image, etc. In fact, some would call him a busy-body, intermeddler, etc. Some might even speculate and term him what he is not. Some might even call you a ‘serial blackmailer’! But all these are not enough to deter a human rights activist from the sacrilegious path. The human rights activism is never for satisfaction of personal interest rather the goal is satisfaction of the interest of the public; justice; national development; among others for the sake of God Almighty (so, those who do not know some of these attributes of human rights activism, pick unnecessary annoyance at any person who is out to sacrifice his own personal interest for the interest of all humanity).
These are some of the challenges in the path. Nevertheless, there is the need for activists to strategise. Much more important is the fact that whatever happens to one as an activist, there are those who are likely to suffer as spouse(s), family relative or friends. I also view that where there is proper strategy in the mode of operation, I see no reason why a human rights activist should be arrested for his mode of operation in a democratic civil society. Also, it must be noted by activists that the fact that they are activists does not mean that they are free from arrest, prosecution etc., arising from their alleged illegal or unlawful or criminal conducts, as no one is above the law.
Furthermore, human rights activists should learn from what has brought another activist into trouble and to generally consider the whole circumstances for their own progressive operation. So, in my humble view, with due respect, using personal interest, emotions, political influence as tools for activism is not a true activism rather it is a disguise. I would humbly recommend that human rights activists should strategise more in their roles and to always avoid confrontational approach or condemnation as a tool to generate result. I view that human rights activism should and does have a goal and modes of operation, especially, in a democratic system where the rule of law is the core principles and that no one is above the law, then, the legal tools should be used as a tool for an activist to always achieve his aim.
Therefore, human rights activism in my humble view might generally be to: correct a government’s system; change a supposed bad government; protect the human rights of citizens; protest a grievance; etc. For all these mentioned categories, I would like to recommend a better style/strategy. In the case of correcting a government’s system, I view that this is in a way administrative in nature and therefore, human rights activists should endeavor to utilize those already laid down administrative laws and procedures to champion their cause, in which case, where the result expected is not got, then, the court of law can be resorted to and no one will query or arrest such an activist for utilizing these laid down procedures by law.
Also, in the case of changing a supposed bad government, I view that this category goes in a way of electoral system. Therefore, human rights activists will have a lot to do at every election period in such a way that it has to carry out enough and convincing public sensitization to ensure that people elect those who have the interest of the people at heart and those who would work for social justice as opposed to those tyrant and corrupt and oppressive candidates or individuals and to dissuade/convince against people’s perception of ‘pocket-politics (by receiving materials such as: money, clothes, etc., from the aspirants as they thereby sell their enjoyment and future’. In a democratic system, anything short of using election as a tool to change a government and in support of an undemocratic revolution is unlawful and likely to face counter-confrontation by the government to which the said activist would then be at the mercy of such supposed bad government for his freedom.
Also, in the case of protecting the human rights of citizens, I view that this goes in a way of enforcement of human rights. Therefore, the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 2009, is there to be used to seek redress in the court of law where there is an allegation that the right of any person is being or has been or is likely to be contravened by any other person, in the court in that particular State where the alleged contravention has occurred or is occurring or is likely to occur. The National Human Rights Commission is also available as a protector of human rights of Nigerian citizens. Other human rights courts established by international laws are also good tools. So, I believe that there is no human rights activist that would be arrested or alleged to have committed an offence by using the institutions established by the law to champion his cause. Finally, in the case of protesting a grievance, I humbly view that considering the facts that this category has to be handled with care, human rights activists must strategise.
This is because this category involves public display and could easily be taken over by some suspected criminals who could use the opportunity to commit unpreventable atrocities. So, it is no doubt that ‘protest’ is a right under the provisions of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantees the right to freedom of association (and to freely assemble) but not to cause breach of public peace. So, where a rally or protest is carried out in conformity with the security or orderliness of the public peace, then, no activist can be arrested for protesting. I must also add that activists should also always be legally guided as to the proper words or terminology to be used in utilizing his right to freedom of expression by his activism so that he does not implicate himself by his conducts even though he does not mean evil. There are some words or terminologies that if used could mean the negative or are ambiguous as to be easily be interpreted to mean the negative. These kinds of words should be avoided in use as a tool for activism.
Furthermore, I have observed that some human rights activists do not operate within the legal framework, especially those non-lawyers. This is so because they do not seem to always seek legal advice of legal practitioners on the entire focus and operation of a particular activism that they intend to embark upon until they find themselves in serious troubles. It then presupposes that every Non-Governmental Organisations (NGOs) must have at least a private legal practitioner (who is also an activist or a human rights activist and who shares the same like-mind as theirs) to always guide them in their proposed operation. This is also a form of strategy to adopt. I also start to query some offices in every such association where there is ‘Legal advisor/adviser’! Is it really a legal advisory?! Is a capable person being elected into such office?! These are questions to be answered and determined by the association. I also recommend that law firms that are owned by activists should be on the list of legal retainership of Non-Governmental Organisations.
Finally, having said the above, I am of the firm view that where those recommended strategies by this paper are given consideration and are adopted for a progressive operation, no human rights activist would be troubled and or arrested for any allegation of having committed an offence. I therefore advise human rights activists to consider what this paper has recommended in the interest of social justice. Sometimes too, ‘he who runs away from a battle is said to fight another day!’
Email: hameed_ajibola@yahoo.com
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