Charging Protesters with Terrorism and Treason is Illegal
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A few weeks ago, President Bola Tinubu ordered the immediate termination of the treason charge against 119 protesters standing trial for treason arising from the August 1-8, 2024, protests against bad governance and hardship in the country. Consequently, the Attorney-general of the Federation, Mr. Lateef Fagbemi SAN applied for the withdrawal of the charges. Since there was no objection from the defence counsel, the case was struck out by Justice Obioma Egwatu. It is pertinent to review the attempted criminalization of peaceful protests in Nigeria by a government that is completely intolerant of criticism in a democratic society.
Right of citizens to protest
The fundamental rights of Nigerian citizens to assemble and protest against unpopular policies of governments are guaranteed by Section 39 and 40 of the Constitution as well as Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004. In the case of the Inspector General of Police v All Nigeria Peoples Party (2008) 22 WRN 65, the Court of Appeal declared police permit for rallies illegal and unconstitutional and directed the National Assembly to amend the Public Order Act to facilitate the enjoyment of the fundamental right to peaceful protests by aggrieved citizens.
While the National Assembly ignored the directive of the Court of Appeal, the police and other security forces intensified the infringement of the right of Nigerians to protest against governments and other public authorities. However, the right to protest by Nigerians was statutorily protected in the 2015 Amendment of the Electoral Act 2010. Furthermore, section 83(4) of the Police Establishment Act 2020 has imposed a duty on the Nigeria Police Force to provide adequate security for protesters during rallies, meetings and protests.
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