Protest against bad policies of government is a constitutional right

All over the world, the government of every nation or country is responsible for the formulation and implementation of policies in the day-to-day running of the affairs of the State. To this end, some of these polices do not go down well with the people or sometimes cause inconveniences or discomfort to the populace.

As a result of this, citizens and civil societies may frown at certain policies and in order to bring about the desired change or development in the society, they may show their displeasure in a lot of ways which includes: sponsoring of political adverts or statement, writing letter of protest to the government, addressing people at public gathering about the pros and cons of government policies and performance and staging of civil protests or civil demonstrations.

The question to now ask is: whether it is legal or wrong for citizens to protest against the government. It is submitted, humbly, that the answer is in the affirmative. The reason for this is that the 1999 Constitution of the Federal Republic of Nigeria which is the fons et origo and the father of all laws and bye-laws in Nigeria in section 40 guarantees freedom of association while the same constitution guarantees freedom of expression in Section 39.

The simple submission being made here is that every Nigerian has the freedom to right of expression which, simply put, includes: speaking against bad policies of government, whether in public or in private, and the qualifications or exemptions given to these rights do not include any reasonable complaint against bad governance. See Section 45 of the 1999 constitution.

A close look at Section 45 of the Constitution is apposite, and a combined effect of Sections 39 and 40 thereof would reveal that the rights guaranteed are a kind of Siamese Twins in some instances, in the sense that impartation of ideas, information or opinions are better done through association or assemblage of people.

Having said that, it is submitted that the planned protest by Nigerian citizens tagged “#Endbadgovernance” is not only justified but necessary to keep the government in check. The reason for this is that things have gone completely awry so much so that life has become unbearable for ordinary citizens as government has removed subsidies on electricity, oil and gas and these have effected all the critical sectors of the economy to the extent that many multinational and local companies have folded up and gone out of business, while some left Nigeria completely with the attendant consequence of increasing the unemployment rate in the country.

Without mincing words, these anomalies have caused serious pains and sufferings to the people to the extent that no one, except the politicians, are smiling in the country today. Prices of goods and services have gone higher in several percentage of hundreds; food stock are no longer affordable, people live in darkness because they can no longer bear the cut- throat- cost of electricity tariff.

The price of petroleum product has gone high, ditto for cooking gas, transportation has become unbearable, and only few can afford to use their private vehicles. All these put together constitute nothing than a testimonial to bad governance.

Therefore, will it be justified or reasonable for the citizens to keep quiet in the face of all these unprecedented aberrations? It is submitted that the answer is in the negative. As a result of this ugly state of affairs, the citizens have now perfected plans to stage a protest against the government bad policies.

Arising from the foregoing is the fact that the ills of government which have resulted in sufferings and untold hardships on the people need to be checked, hence, the planned protest. Funny enough, the government which caused the these ugly situations to arise is afraid and worried and has engaged all sort of political chicaneries including but not limited to using ploys to dissuade them from staging the protest, trying to educate or enlighten them that the protest may be hijacked by hoodlums or that it may have negative consequences on the people.

The government has also resorted to making unrealistic promises of better days to Nigerians when, in actual fact, the factors to make such promises realistic are not put in place.

In another breath, the government has sounded a note of warning or subtle threat to the would-be protesters that unless this protest is avoided or cancelled, government will descend on any erring person and deal with them according to the law.

It is submitted that this threat is an unjustifiable one given the fact that the law recognised the citizens’ right to protest. As a matter of fact, the law imposes an obligation on the police and governors to protect the lives and properties of the people. Not only that but also, during civil protest like the one being planned by the citizens, the police is obligated and under compulsion to provide tight security to the protesters.

The Court of Appeal  has had the rare privilege or occasion to give judicial imprimatur to this salient principle of law granting inalienable right to the citizens to protest, as in this instant case, that is the planned protest by the citizens; “#Endbadgovernment.”

See Inspector General of Police V ANPP & ORS (2000) 12 WRN 65, where the Court of Appeal recognised the right of Nigerian citizens to assemble freely and protest without any inhibition whatsoever. In particular, the court, Per. Adekeye JCA, declared thus: “The Public Order Act should be promulgated to complement Sections 39 and 40 of the Constitution of the federal Republic of Nigeria 1999, in context and not to stifle or cripple it.”

The court went further to declare that: “A rally of placard-carrying -demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state.” “It is a trend recognised and deeply entrenched in the system of governance in civilised countries.

It will not only be primitive, but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividends of their experiences.”
To be continued tomorrow.
Akingbolu, a Public Affairs Analyst, Lawyer and Human Rights
Activist, wrote from Lagos.