Civil Protests: The Human Rights Perspective

By Ubong S. Ebong Esq. -

In light of recent events in our beloved Nigeria I want to talk about the issue of protests, strikes, revolutions etc and the rights of persons in relation to such activities.

Basically our Constitution provides the framework for people's rights in this aspect. First of all the Constitution says that we have the right to freedom of thought and conscience. Meaning that we are free to think as we like and to maintain whatever moral standards we choose.

The Constitution goes further to say that we have the right to express ourselves freely and to have our opinions. We also have the right to receive ideas and information, and to also pass them on to other people without any interference.

Our supreme law also says that we have the right to assemble/gather freely, and to associate with whoever we please. We can even form associations or groups to protect our interests.

Finally on this subject, our Constitution says that as Nigerian citizens we can move freely throughout the length and breadth of Nigeria without any hindrance.

But what is the catch? First of all, all of these rights can only be exercised peacefully and without breaking any law. In other words, one cannot misuse these rights for violent or criminal purposes.

Also, these rights can be validly suspended by the government if it threatens: 
1) the public's security/defence, 
2) public order, 
3) public safety, 
4) public morality, 
5) public health, or
6) the rights and freedom of other persons.


So in summary, it is within your rights to have opinions, move around, express yourself and pass on your ideas to others which means that we are all free to protest. But all protests must be peaceful, must not involve any form of illegality, and must not threaten the public nor the rights of other persons.

Before I conclude let me squarely address Sowore's case. The man used the word "revolution" which is defined as "a fundamental change in a political organization especially the overthrow or renunciation of one government or ruler and the substitution of another by the governed". For doing this the man was arrested by the SSS for treason.

Before going further let me just say that both Sowore's and the SSS' choice of words were wrong. A revolution suggests a serious likelihood of violence  which is criminal. And the offence of treason is centered on waging or conspiring to wage or aiding the waging of a war for the purpose of intimidating the government.

So, was Sowore's speech fully acceptable? No, not all the parts. Was Sowore really calling on people to wage a war? I think not. Has the offence of treason really been committed? I also don't think so. Does the government's infringement of Sowore's rights fall under the exceptions contained in section 45 of the Constitution? Arguably yes when you consider public order. Did the government handle the situation properly? A big no. Was the arrest itself lawful considering the manner it was carried out? Definitely no.

These are just my opinions but what do I know sef. This however, is a perfect illustration of what happens when people do things without consulting a lawyer. Don't be like them, consult your lawyer!

#KYR


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