This short article is to educate us on the parlance of protest as a right to changing unfair and unfavourable circumstances under a democratic system.

How its power can be utilized by the populace to influencing the decisions of political leaders or preventing some acts at the detriment of the Citizens and the need to end illegal ban of demonstration in Nigeria.

BRIEF OVERVIEW OF THE ORIGIN OF PROTEST

The word protest is coined from French word “preotester” and directly from the Latin word “Protestari” which connotes public declaration or witnessing. The word Protestari can be broken down to “Pro”which means before, forward or in front and “testari” which denotes testify, testament or witness.

Protest is dated back to the 13th Century when many of the English people were Serfs who were at the mercy of Feudal Lords

CONTEMPORARY MEANING OF PROTEST

Literarily, protest is a statement or action expressing disapproval or displeasure of or objection to something which may be an ideology, law, or action inter alia.

According to Legal Free Dictionary, it is a formal declaration whereby a person(s) express(es) a personal statement, made to save some right that would be waived unless a negative opinion was expressly voiced. It is a public complain about an officer, body, or group about action already carried out or about to be carried out which might either affect such person(s) directly or they have interest in. Protests are a catalyst for social change, and are essential for Citizen Participation in a pluralistic democracy. They enable individuals and groups to share their views and interest, express dissent, and make demands of government or other institutions.

Justice Adekeye in All Nigerian Peoples Party V Inspector General of Police held that

“A rally or placard carrying demonstration has become a form expression of views on current issues affecting government and the governed in a sovereign State. It is a trend recognized and deeply entrenched in the system of governance in civilized countries”

CONSTITUTIONAL VALIDITY OF POLICE PERMIT FOR RALLIES AND DEMOSTRATIONS IN NIGERIA.

The contention about the requirement of police permit has been laid to rest. The Supreme Court has ruled it to be in contradiction of the Section 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria in the notorious case of ANPP V IGP and the Article 11 of the ACHPRA (CAP A9) Laws of the Federation of Nigeria 2004.

The court also granted the order of injunction restraining the IGP, his privies or servants from further preventing the plaintiff. The Court of Appeal Judge also held that Public Order should be promulgated to compliment Section 39 and 40.

The fact that it is the British Colonials who introduced and imposed the Public Order Ordinance which was later made an Act has diminished the validity of such Act under our Democratic under the independent Nigeria. The intention of the Order by the British Officials was to silent Nigerians from protesting against exploitation and expression of their grievances.

In the present day Nigeria, clearly, police permit is alien to our democratic society and it has outlived its usefulness.

“Certainly, in a democracy, it is the right of the Citizens to conduct peaceful processions, rallies or demonstration without seeking and obtaining permission from anybody” per Muhammad JCA.

It has thus been stated in the Nigeria Police Code of Conduct that police officers shall maintain a neutral position with regard to the merits of any labour dispute, political rallies and other public demonstration while acting in official capacity. The puzzling question is what has gone wrong with this Code and other related Laws with the current disruption and violence of the Police in the ongoing peaceful protest in the country?

DOMESTIC LEGAL FRAMEWORK ON THE RIGHT OF PEACEFUL ASSEMBLY.

The 1999 Constitution of the Federal Republic of Nigeria as amended guarantees some certain minimum right for the Citizen which are inalienable except to the extent which the constitution itself or any other existing law limit such. Chapter IV of the Nigeria grundnorm is dedicated for the provision of the fundamental Human Right of the Citizens. Particularly Section 40 which provides that:

“Every person shall be entitled to assemble freely and associate with other persons and in particular… for the protection of his interest”.

Also, section 39 of the same Constitution provides that:

Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

The only limitation to this right is contained in Section 45 of the same Constitution. Also the Public Order Act demand some requirements to hold a protest, some of which the court have ruled to be contradictory to Section 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria.

INTERNATIONAL HUMAN RIGHT ON THE RIGHT OF PEACEFUL ASSEMBLY

Nigeria is a party to International Civil and Conventional Right (1966), it article 21 governs the right to peaceful assembly and it provides that:

The right to peaceful assembly shall be recognized. No restriction may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of rights and freedom of others.

ARTICLE 11 of the ACHPRA is of similar provision to Section 40 of the 1999 Constitution of the Federal Republic of Nigeria as amended. It state that: Every individual shall have the right to assemble freely with others. The exercise of the right can be subjected only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and freedom of others.

ILLEGAL BAN OF PROTEST

Illegal ban of protest has been successfully challenged at the Federal Capital Territory High Court in the unreported case of HadizaBala Usman and Ors V Commissioner of Police and Anor (Sit No: FCT/HC/CV/1639/2014). It thus follows that the limitations provided for in the constitution is those provided for in Section 45 of the 1999 CFRN which are:

Where such protest will be degrading to the safety of people and property
Where it will challenge the public security
Where it will limit the freedom and he rights of others enshrined in the same chapter IV of the same constitution
When doing acts that are contagious to public health and
Engaging in protest that devalues the public morality.
It thus means that any basis outside of these will be odious, contrary and constitute unjustifiable to the rights granted under section 40 of the constitution and other international treaties which has been ratified by Nigeria.

CONCLUSION

Democracy which is our political system in Nigeria admits the rule of law which guarantees freedom of expression and association , the right to hold peaceful protest, marches, rallies and demonstration for or against the government should no longer be enjoyed t the whims and caprices of the ruling class. The security officials should know that they are responsible to the people who owns the capital sovereignty as enshrine in Section 14 (2) (a) and not wobble at the command of political office holder at the detriment of the Citizens. Hence, incessant disruption of political meetings and demonstration by the police and illegal ban of protest by political leaders should be frown at.

Author

Abiola Oluwafemi Abiodun

Ekiti State University, Ado Ekiti

Email- [email protected]