Protesting Is A Fundamental Right, Campaigning For A Coup Is Treason- Femi Falana, SAN
In light of recent protests across Nigeria, Senior Advocate of Nigeria and human rights activist, Femi Falana has emphasized the importance of distinguishing between lawful protest and treasonous activity. Falana reiterated that while protesting is a fundamental human right guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples Rights, campaigning for a military coup is a serious offense.
Falana stated, “The right to protest is required to be exercised peacefully within the ambit of the law. Hence, section 83(4) of the Police Establishment Act 2020 imposes a duty on the Nigeria Police Force to provide adequate security for citizens who wish to participate in public meetings, rallies, and protests.”
He noted that in several parts of the country, the police had successfully provided security for the #EndBadGovernance protesters, with instances of professionalism on display. “Having won the legal battle for the Nigerian people to exercise their constitutional right to protest against unpopular policies of the Government, I have supported the constitutional right for all walks of life to exercise the right to protest,” Falana added.
Falana also warned against aligning with undemocratic forces exploiting the protests to incite violence or campaign for a military coup. “It is essential to point out that calling for a military coup or waving the flag of Russia, a country known for supporting unconstitutional changes of government in Africa, constitutes a gross abuse of the constitutional right to protest against the Government of Nigeria,” he explained.
He urged protesters to focus on legitimate grievances concerning hardship and avoid turning their demonstrations into a campaign for unconstitutional changes of government. He cautioned, “Those involved in the illegal campaign for another military rule are advised to stop it forthwith. Otherwise, they may be accused of engaging in the offense of treasonable felony in contravention of section 41 of the Criminal Code Act.”
Falana highlighted the need for the Tinubu administration to reconsider policies that exacerbate poverty and hardship, suggesting that negotiating lower petroleum prices could ease some economic strains. “The Nigerian National Petroleum Corporation Limited should negotiate lower prices of petroleum products since the Federal Executive Council has directed that 445,000 barrels of crude oil be allocated daily and sold to the Dangote Refinery in Naira,” he proposed.
Furthermore, he called on government officials to engage more effectively with the public in policy discussions. “The feedback from such civic engagements should positively inform policies. That’s the popular democratic path for citizens to take, as opposed to the reprehensible invitation to the tragedy of military rule,” Falana concluded.
Falana’s comments come in the wake of violent protests in northern Nigeria, where demonstrators were seen carrying the Russian flag and chanting for President Bola Tinubu’s removal. This twist in the nationwide protests has sparked widespread reactions, with experts condemning the actions as treasonous and unconstitutional.
