Statement Of Otu Oka-Iwu (Igbo Lawyers) On The Planned EndBadGovernance Protest
The right to peaceful protest in Nigeria is guaranteed by Section 40 of the 1999 Constitution (as amended), which states: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union, or any other association for the protection of his interests.”
Similarly, Section 39 of the Constitution guarantees the right to freedom of expression and peaceful assembly, stating:
“(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish, and operate any medium for the dissemination of information, ideas, and opinions.”
These provisions form the basis for the right to peaceful protest in Nigeria, allowing citizens to express their grievances and opinions through peaceful assembly and demonstration. The right to protest is both fundamental and inalienable as guaranteed under the Constitution and can be exercised by any citizen of Nigeria.
Although there are some restraints in the applicability of these rights, these restrictions are only meant to prevent breaches of the law during the process. The planned protest is a means for some Nigerians to express their dissatisfaction with the current state of the nation. But the government’s response to the planned protest has created the impression of an impending coup, even though this is far from the truth. One would expect the Government to sincerely appeal to its citizens, offering long-lasting practical solutions and calling for collective efforts to move the country forward.
Unfortunately, the opposite is happening. There have been subtle threats and intimidation of all sorts, including anti-protest groups, sponsored advertisements, provocative statements from some government appointees, and the allocation of funds to manage the protest. These actions raise concerns about whether a peaceful protest, a right of dissatisfied citizens, is still permitted.
History shows Nigerians have staged several peaceful protests against bad governance. Recall that the President himself participated in a protest against the then Government of Goodluck Jonathan. We believe that the planned protest is a litmus test for Mr. President’s commitment to democracy and providing dividends of democracy. There is no doubt that the protest against economic hardship, gaining traction on social media, has unsettled the Government. One wonders what the situation would be if the protest had started unannounced.
In any case, this is democracy in action, the government appears to be afraid of the people and not the people being afraid of the government. We have observed that all security agencies have issued warnings instead of assuring citizens of their protection during the protest. Is it not part of their duty to ensure the security of life and property at this critical moment? The police, military, and the Department of State Services have warned against Kenya-style protests. Politicians, fearing a repeat of the EndSARS demonstration of October 2020, continue to appeal to youths to cancel the planned rallies instead of convincing them of the measures in place to cater to their needs, both immediate and long-term. Otu Oka-Iwu strongly advocates that this is not the time for security agencies to show their might against the people they have sworn to protect. Incidentally, the Inspector General of Police, in response to a letter by Ebun-Olu Adegboruwa, SAN, has directed the police to protect participants of the planned #EndBadGovernance protest slated for August 1 to 10, 2024.
We urge other security agencies to do the same as it is the right thing to do. Otu Oka-Iwu solidly supports the protest, particularly as it is provided for in the Constitution of the Federal Republic of Nigeria, bearing in mind that where one’s right stops, another’s begins. We advise that any planned anti-protest should be avoided on the day to avoid any manner of clash and we call on all participants in the protest to conduct themselves within the ambits of the law.
In conclusion, the present administration should continue to in carrying out measures to alleviate the plight of the masses and also focus more in finding ways to set the Nigerian economy on the right path. In the words of Mr. President, LET THE POOR BREATHE!!
Chief Chidi Udekwe, Esq
President
Otu Oka-Iwu (Igbo Lawyers), Abuja
