One of the indices of measuring the status of the democratic tendencies and the rule of law in any given nation-state is the provision and protection of the fundamental rights of the citizens as enshrined in the constitution of the state hence, a state disposition to the rule of law is measure by how proactive and viable is the right of the citizens promoted and protected.
The reason why the constitution of any state provides for the protection of the fundamental human rights of its citizens is because the ultimate power of every nation-state resides with the people who have the final say on how they are govern.
As the saying goes, power belongs to the people at all times. Therefore, where the government of any state is acting in contravention of the ideals of a good society, the people have the right to resort to any peaceful, legal and pollical means to show their discontent and grievances.
One of the ways of showing or expressing such grievances or discontentment against government or any of its policies is by embarking on peaceful protest in order to alert the conscience of the government issue at hand.
It is no longer news that the world is currently battling with high cost of living, poverty, insecurity, and hyper -inflation, and Nigeria is not excluded from this global issue. The renewed hope government of President Bola Ahmed Tinubu is serious grappling with a lot of issues ranging from the inherited Boko Haram malaise in the North East, herdsmen in the South and the agitation for succession in the East.
The issue bedeviling the present government is further compounded with the removal of fuel subsidy, which has led to high cost of living, hunger, and food insecurity. While it is easily submitted that the issue outlined above is a legitimate reason for the citizens to protest and show their discontent against the government.
However, the recent spark of civil unrest in Kenya due to the tax law contemplated by the Ruto regime should constructively engage the mind of every Nigerians to shun any planned protest at this time
It is trite that the right to protest is a legitimate right recognised by all democratic subscribers all over the world in their constitution and also international bodies like the UN, AU and EU.
Consequently, placard card carrying and demonstration is the most viable and effective way of showing displeasures toward any issue in civilized society and this right has been enshrined and protected heavily as follows: Article 21 of the International Covenant on Civil and Political Rights, Article 11 of the Africa Charter on Human and People Rights, Section 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999, Section 83(4) of the Police Act, 2020.
The purpose of enshrining these rights in the law is for the protection of the citizens against the overbearing tendencies of the government in the affairs of the nation-state.
In Nigeria for instance, the right to peaceful assembly and protest has been tested in court in plethora of cases notably is the case of I.G.P v All NPP (2008) 12 WRN 65 where the court of appeal aptly uphold the right to peaceful protest of the Nigerian citizens without a Police permit.
It is trite to note that the right to protest in Nigeria, as stated in Section 39 & 40 of the Constitution, is not absolute. It is a right that can be curtailed under certain circumstances in the interest of public peace and national security.
Section 45 of the Nigerian constitution allows the government to derogate from those right in the interest of public peace and national security. Therefore, it is my humble view that the #EndBadGovernance protest is presently on the verge of being hijacked by hoodlums and street urchins who will use the opportunity to loot and wrought mayhem.
While it is noted that the right to protest is provided for and guaranteed in the Nigerian constitution. However, it is my view that given the present precarious economic and volatile nature of our political landscape, the protest will degenerate swiftly to chaos, civil unrest and total break down of law and order if the government did not come in by way of force to suppress the protest.
While it is granted cautiously that the present government of APC has not properly hit the ground running due to inter and intra contradictions which has casted a great shadow on the political will of the EMILOKAN presidency to change or turn things around as we thought it would be.
However. It is too early to write off this present government because every government should be judged on its own merit. It is my view that the planned protest will lead to anarchy and a taste of #EndSars of 2020.
It is therefore submitted that the government will be right to use force to disperse the #EndBadGovernace protesters should the organizers assemble anywhere in Nigeria for the protest slated for 1-10 August 2024 in line with section 73 of the Criminal Code Act, 2020.
I will advise the APC government to see this planned protest as an opportunity for a quick reversal of the economic conundrum that we find our country right now. Also, government ministers or agents should also desist from heating up the polity by not making inflammatory statements or posts on the social media landscape.
The country has heated up already, and what the citizens want from the government is peaceful, steady, and progressive attempts to change the fortune of the country.
God bless Nigeria.
Mudasiru Lawal Esq writes from London, UK
B.Sc, LLB(LON), BL, PGd.(LON)
Barrister and Solicitor
Supreme Court of Federal Republic of Nigeria
Caveat: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.