Nigerians Must Resist Tyranny: #Endsars Protest Is Our Human Right

By Festus Ogun

As Nigerians are prepared to hit the street again with the #ENDSARS protests against police brutality, extrajudicial killing, hardship, extreme poverty, bad governance and maladministration, the Federal Government, conniving with the States, is currently toying with the idea of clamping down on the movement with brute force as they vow not to tolerate any form of protest across the country. The Federal Government says anyone caught engaging in any form of protest would be dealt with decisively to ensure stability in the country.

First, it is an abomination not to tolerate protest in a democracy. However, in fairness to the Federal Government, it is understandable that it does not want any form of protest because it is allergic to opposing or critical voices. I can imagine how disgusted, trembled and embarrassed this regime feels at the sight of placard-wielding citizens at protest barricades. One can quickly tell that peaceful protest by long-cheated people is the scourge of a sphygmomanometer with which the blood pressure of our rulers is gauged. But, do they expect a child mercilessly beaten for decades not to cry at all?

The gospel truth is: Our rulers are either ignorant of the fact that we are in a democracy or they simply do not believe in the tenets of democracy.

As uncomfortable as our rulers may be, they must be told in clear and unambiguous terms that this is a constitutional democracy where the exercise and enjoyment of civil and political rights is not subject to their ultimate discretion or wish. Hard as they may try, they must really understand that we are in a democracy where the law must rule. They must be hastily informed that the era of military dictatorship is long over and their harsh disposition towards the exercise of the right to peaceful protest does not have a place in any democratic society. It is high time they are told to divorce from our history of crude dictatorship and totalitarianism.

The #ENDSARS Protest is a constitutionally guaranteed human right that no civil force, oppressive threat, ravaging gun, violent reprisal, unlawful arrest or intimidation can take away. From time immemorial, protest has been the most potent weapon used by the oppressed to demand their ultimate, immediate and unconditional liberation from the iron claws of their oppressors. Whether the oppressing ruling class likes it or not, it would not change the immortal fact that once the people are set for their liberty, they cannot be stopped.

Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (2011 as amended) and Article 11 of the African Charter on Human and Peoples’ Rights Act (Cap A9) Laws of the Federation of Nigeria, 2004 guarantee the right to peaceful protest, freedom of expression, lawful gathering and association. This right cannot be arbitrarily taken away without lawful justification. As the Constitution provides, the reason why a protest is being staged does not need to be ‘acceptable’ or ‘reasonable’ to anyone including the government, as long as the protest expresses, promotes and protects the organizers and participants views and interests.

In the celebrated case of Inspector-General of Police v All Nigeria Peoples Party and Others (2007) AHRLR 179 (NgCA 2007), the Law Lords at the Court of Appeal made it crystal clear that the enjoyment and exercise of protest right is not subject to the approval of the government or any of its agencies. In that case, on the 22^rd of September, 2003, the All Nigeria Peoples Party (ANPP) held a rally in Kano to protest the rigging of the 2003 General Elections, which was attended by General Muhammadu Buhari (who was then in the defeated opposition). The rally was violently dispersed by the Police and the only reason given for the brazen illegality was that the ANPP was not given the required permit to hold the rally. Dissatisfied, Buhari and other members of the ANPP approached the quintessential human right lawyer, Mr. Femi Falana, SAN to challenge the gross violation of human rights and the court graciously asserted the right of Buhari and other members of the ANPP to hold peaceful protest despite the fact that he was recently defeated in the concluded election. The court further held that permit of any form is not a legal requirement to hold public meetings, protests or rallies.

It becomes very disturbing to see President Buhari, who was a product and beneficiary of peaceful protest (protected by the judiciary), ride roguishly on the people’s right to protest and voice grievances, on his assumption into office. Maybe that confirms Lord Acton’s view that “power tends to corrupt, and absolute power corrupts absolutely”. Well, whether he corrupted power or he is corrupted by power, the beauty of democracy is that with the rule of law and fervent principles of constitutionalism in place, his despotic tendencies and dictatorial excesses will be resisted and curtailed.

The office of the President is a creation of the law. Consequently, anyone who occupies it must act in accordance with the law. Section 1(1) of the Constitution provides that the “Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria”. We should not be quick to forget that the President took the Oath of Office under the Seventh Schedule of the Constitution where he swore to preserve, protect and defend the Constitution. The President cannot continue to act as if he is above the law. Any attempt to foist executive lawlessness and recklessness on the Nigerian people will be declared illegal, unconstitutional and arbitrary. Military Governor of Lagos State v. Ojukwu (2001) FWLR (Part 50) 1779

Blackmailing #ENDSARS protesters over the carnage that followed the first phase of the protest is unwise, vexing and ridiculous. I do not mean to justify criminality. The incontrovertible truth, however, is that the humans who carried out the carnage are products and victims of poor leadership. The coordinated and organized violence is a symptom of a failed system and it would not have happened if the government had been committed to its constitutional mandates. In fact, I daresay without any fear of contradiction that now that the government is trying to ‘weaponize’ the post #ENDSARS coordinated violence to discourage any form of public demonstration, Nigerians now know better who is responsible for the carnage as we can tell who is benefitting from it.

Nigerians must really understand that to protest is not only a right but a potent weapon instrumental for our liberty. The government understands this; that is why they continually issue threats and warnings so that they can perpetuate themselves in power and we continue to groan in excruciating pain. We have been cheated for too long that giving room to be cowed by the empty threat of the political elites to not exercise our protest right is doing ourselves no good. We must put our fears in its rightful place and assertively defend our rights – once and for all. We can no longer be slaves in our own country.

Festus Ogun, legal analyst and human rights activist, writes from Lagos. festusogunlaw@gmail.com.