October 1 protest: It’s unconstitutional to confine protesters, Lagos lawyer tells govt
• IGP orders water-tight security, orders clampdown of miscreants
• NHRC, HURIWA advocate peaceful exercise
• May drag killer security operatives to ICC
Human rights lawyer, Taiwo Adedeji, has faulted the Lagos State Attorney General, Lawal Pedro (SAN), for reportedly securing a court judgment confining protesters to Gani Fawehinmi Park, Ojota, describing the move as unconstitutional.
The Inspector-General of Police (IGP), Kayode Egbetokun, ordered water-tight security across the country to create a safe and conducive environment for citizens to celebrate the country’s 64th Independence anniversary.
Meanwhile, the National Human Rights Commission (NHRC), yesterday, reaffirmed the people’s right to peaceful assembly in a democracy and cautioned against the use of extreme force.
Also, the Human Rights Writers Association of Nigeria (HURIWA) asked the United Nations Human Rights Council (UNHRC) in Geneva and the United Nations Secretary-General in New York to mount pressure on President Bola Tinubu not to deploy armed security operatives to kill peaceful protesters.
Adedeji noted the Attorney General’s role as guiding the government in adhering to legal standards, not to advise actions that contradict constitutional rights.
In a statement made available to The Guardian, yesterday, he emphasised that the 1999 Constitution, in Section 40, guaranteed every citizen the right to assemble freely and associate with others, including forming or joining political parties, trade unions, or other associations to protect their interests.
The lawyer further argued that by limiting the protestors’ right to assemble, the state government disregarded established legal principles and court rulings, undermining the rights of citizens to demonstrate peacefully.
He said, “I have seen a statement circulating online and credited to the Lagos Attorney General, Lawal Pedro (SAN), insisting that protesters should restrict themselves to Gani Fawehinmi Park, Ojota, for the planned October 1 nationwide protest against inhuman government economic policies.
“With the greatest respect to the learned Attorney General, he is wrong and very wrong. His duty is to advise the government to follow the path of legality and not the other way round.”
The lawyer noted that the 1999 Constitution in Section 40 provides that “Every person shall be entitled to assemble freely and associate with other persons and, in particular, he may form or belong to any political party, trade union or any other association for the protection of his interests.”
He cited the case of Inspector General of Police v All Nigeria Peoples Party where the Court of Appeal upheld the earlier Federal High Court decision that the “requirement for a police permit to organise public protest is unconstitutional.”
FEDERAL Capital Territory (FCT) command of the police also warned members of the proscribed Islamic Movement of Nigeria (IMN), popularly called ‘Shiites’. Police spokesman, ACP Muyiwa Adejobi, who disclosed Egbetokun’s warnings, noted that it was part of the IGP’s comprehensive plan to ensure a hitch-free celebration. He noted that the IGP ordered the deployment of adequate human and tactical resources to enable a maximum level of security for the celebration.
“The police, in synergy with other security agencies, will fortify various designated event venues and the major highways across the country, to forestall any threat to life and property during the celebration.”
“Additionally, the IGP has directed all personnel deployed for various operations during the celebrations to be courteous and firm in their engagements with members of the public,” he stated.
Relatedly, the command revealed that it had not received an application letter from the #FearlessinOctober protest organisers. Assistant Inspector-General of Police, Benneth Igweh, noted that protesting within the ambit of the law is allowed.
He, however, warned members of the Islamic Movement of Nigeria popularly called ‘Shiites’ to desist from any protest, as they remained proscribed.
NHRC’s statement followed the maltreatment of #EndBadGovernance protests in August, which raised significant concerns.
The Executive Secretary, Anthony Ojukwu (SAN), noted Section 40 of the Constitution protected the right to peaceful assembly, which was reinforced by international agreements. He underscored the importance of protests and citizen engagement in governance.
In its advisory, the NHRC emphasised key principles, including non-discrimination, protection from violence and the necessity of lawful, proportional restrictions.
Ojukwu called on the government to ensure safety during protests, facilitate peaceful assembly, and hold law enforcement operatives accountable for any abuse.
The commission also urged protesters to exercise their rights responsibly, avoiding violence and respecting the rights of others. NHRC also disclosed its plans to monitor the planned protests, promising to investigate any allegation of rights violations and ensure accountability for any misconduct by state or non-state actors.
HURIWA said the call followed planned peaceful protests for today, October 1, 2024, to demonstrate against the heightened cost of living and bad governance. The National Coordinator, Emmanuel Onwubiko, said its decision to appeal to the United Nations was due to mounting evidence that the Federal Government under Tinubu was already deploying armed security operatives to shoot at peaceful marchers on October 1.
He stressed that the situation was akin to what transpired in August’s #EndBadGovernance protests across the country when armed goons carried out targeted killings of over two dozen protesters.
HURIWA stated that those who killed peaceful protesters would be pencilled in and dragged to the International Criminal Court (ICC) in The Hague, Netherlands, over crimes against humanity.
“We are warning the military and police service chiefs, including the head of the nation’s secret police, to note that they may have to be dragged to the ICC in The Hague to account for the lawless killings of peaceful protesters in Nigeria, no matter how long it takes to achieve this objective by the organised civil rights community in Nigeria,” it said.
Get the latest news delivered straight to your inbox every day of the week. Stay informed with the Guardian’s leading coverage of Nigerian and world news, business, technology and sports.
0 Comments
We will review and take appropriate action.