Does the constitutionally guaranteed right to peaceful protest include the power to deny other citizens the right to free movement and the right to earn a lawful livelihood? This question is more than ever before pertinent in the wake of the recent #Endsars protests in Nigeria.
This right to protest involves the exercise of numerous Fundamental Human Rights and can be essential for securing all other human rights. In Nigeria, Chapter 4 of the 1999 Constitution (as amended) catalogues the rights of citizens and generally safeguards them. As inalienable as the right to protest is, unaddressed protests may grow and widen into civil resistance, dissent, activism, riots, insurgency, revolts, and political or social revolution.
So the question therefore is, did the #EndSars protests degenerate to a riot? What is the stance of the law on these two contrasting activities?
First, riot in criminal law is described as a violent crime against public order involving three or more people. Like an unlawful assembly, a riot involves a gathering of persons for an illegal purpose. In contrast to an unlawful assembly, however, a riot includes violence.
Again, a riot is a form of civil disorder commonly characterized by a group lashing out in violence. Under International Law, the duty on the state and its law enforcement agencies is to facilitate the enjoyment of the right of peaceful assembly. According to the 1990 United Nations Basic Principles On The Use Of Force And Firearms By Law Enforcement Officials:”…in the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary.”
So, what about the restrictions and barricades that were all over the streets of various states restricting the movement of people, especially those who were just trying to get to their legitimate places of business? Where they in exercise of the right to protest or precursors to the roots that followed?
While applauding the efforts of Nigerian youths who came out in large numbers to seek change and make their voices count for something, one would wonder if preventing others from their daily earnings was the best way to garner support for their march.
Let’s look at the alleged Lekki Massacre. After millions of Nigerians had difficulty sleeping on the night of Tuesday, 20th October, 2020 (the so-called BLACK TUESDAY), citizens woke up to realize there were material inconsistencies in what was initially reported from the scene. Recall that several fact checkers refuted the alleged massacre as it was shown later that those who supposedly died that night were found to have died under different circumstances or were still alive.
It is worthy of note at this juncture that, there is no justification whatsoever for law enforcement officials firing live bullets at peaceful demonstrators. This piece does not in any way seek to justify such extra-judicial acts.
But it was apparent that the tales of the protests were spiked with a lot of fake news, misinformation and outright falsehoods. And it makes one to wonder why so much unfounded claims.
Of course every life matter and if there was any unsanctioned shooting or killing of an innocent Nigerian(s), there must be proper investigation, but there is still the need to err on the side of the truth at all times. With the back and forth between the military and the Lagos State Government, Nigerians can only hope and pray that the families of the departed get justice.
In the meantime, intrigues seem to be trailing the Lagos State Judicial Panel of Inquiry which had started hearing allegations of extrajudicial killings and abuse by the Special Anti Robbery Squad amongst others. Can one man be the accused, prosecutor, judge and jury at the same time?
Furthermore, the fact that there is no identifiable leader of the #EndSars movement also raises a lot of questions as to the viability and purpose of the movement. So to the citizen out there, before you join in the next onslaught, do you have the means to jet out of the country like the major front liners seem to be doing at the moment?
One final question. Before you try to barricade the streets again, are there no other ways to ventilate and air your grievances? On what basis will you then contend with the government that you are not liable or complicit in the widespread mayhem, loss of lives, destruction of public and private property that swept through the nation?
But like the President of Loveworld Incorporated, Pastor Chris Oyakhilome, will always say, Nigeria can only be built by Nigerians.
It is time to build, mend and heal. While we continue to seek a better Nigeria devoid of police brutality, corruption and the like, wanton arson, looting and other vices should not gain acceptance in our nation. That is not who we are.
#bewise
