Hunger protest: What you need to know about the right to protest in Nigeria

As Nigeria braces for a planned nationwide protest against economic hardships, understanding the right to protest becomes crucial. Protests, a fundamental aspect of democratic societies, allow citizens to express dissent, demand change, and hold leaders accountable.

Here’s a comprehensive guide to what you need to know about the right to protest in Nigeria.

Constitutional foundation

The right to protest in Nigeria is enshrined in the 1999 Constitution. Specifically, Section 40 guarantees every Nigerian the right to assemble freely and associate with others, particularly to form or belong to any political party, trade union, or any other association.

This provision forms the bedrock of the right to peaceful protest, a critical component of democratic engagement.

The issuance of police permits for rallies, or any other assembly is not a requirement for the exercise of this right so the police cannot rely on the Act to demand people to apply for permits before organising an assembly.

This was confirmed in the case of Inspector General of Police v. All Nigeria People’s Party (2008) 12 WRN 65, by the Nigeria Court of Appeal.

However, bear in mind that the Public Order Act 1979 in Section 1 of the Act empowers a State Governor to prescribe the route by which and the times at which any procession may pass. In this case, the general public will be notified about this requirement before the rally.

In addition, while the use of uniforms for assembly is permitted by Section 7 of the Act, the Commissioner of Police in the relevant state may prohibit its use if it is offensive or is likely to cause a breach of the peace.

This law aims to ensure that protests are conducted peacefully and do not devolve into chaos or violence.

However, the requirement to notify the police has often been a contentious issue. Critics argue that it is used to stifle dissent, while proponents maintain that it is necessary for maintaining public order and safety.

Limitations and challenges

Despite constitutional guarantees and judicial backing, the right to protest in Nigeria faces significant challenges.

1. Police response: The police and other security agencies often respond to protests with heavy-handed tactics. This includes the use of tear gas, water cannons, and sometimes live ammunition. Such responses have led to injuries and fatalities, raising concerns about human rights violations.

2. Government restrictions: Authorities sometimes impose restrictions such as curfews or bans on public gatherings, particularly during periods of heightened political tension. These measures, while often justified on grounds of security, can infringe on the right to peaceful assembly.

3. Hijacking of protests: There is a legitimate concern that protests can be hijacked by individuals or groups with ulterior motives, leading to violence and property destruction. This risk underscores the need for effective protest management strategies by both organizers and law enforcement agencies.

4. Public perception: Public opinion about protests can be divided. While some view protests as a necessary tool for demanding accountability, others see them as disruptive and potentially violent. This division can influence how protests are perceived and handled by authorities.

Best Practices for Peaceful Protests

For protests to be effective and peaceful, organisers and participants should adhere to certain best practices:

1. Advance notification: Inform the police about the protest in advance to ensure that necessary security arrangements are made.
2. Clear objectives: Clearly articulate the objectives of the protest to ensure that the message is understood by participants and the public.
3. Non-violent approach: Emphasize non-violence in all communications and actions. Training marshals to manage crowds and prevent provocations can help maintain order.
4. Collaboration with authorities: Engage with the police and other relevant authorities to agree on routes, timing, and other logistics.
5. Public awareness: Use media and social platforms to raise awareness about the protest and its objectives, ensuring broad support and participation.

In Nigeria, this right is constitutionally guaranteed but faces numerous challenges. As the nation prepares for the upcoming protests against economic hardship, it is crucial for all stakeholders—government, security agencies, and protest organisers—to ensure that this right is upheld peacefully and constructively.