Throughout history, peaceful protests have helped to force a reassessment of society’s moral bounds. Movements have used peaceful protests to achieve their aims, including the recognition of rights, and the end of slavery, colonialism and racial discrimination. Recently, the Black Lives Matter movement, formed in 2013 in the United States and committed to fighting racism, especially in the form of police brutality, has grown into a worldwide protest. BLM protests have been largely peaceful and have resulted in some major changes. These include police reforms (for example, some cities, such as Washington DC in the US, have passed policies restricting the use of chokeholds by law enforcement agents), removal of racist relics, and the institutionalisation of educational policies.
In Africa, peaceful protests have proven to be an instrument for showing socio-political or economic resistance, and people around Africa have used it many times to protest against the government’s actions and to demand that the government act in a particular way. For example, the Arab Spring was a series of anti-government protests that spread across much of the Arab world in the early 2010s. It began in response to corruption and economic stagnation. It started in Tunisia and resulted in many Arab rulers being deposed. Although some would argue that deep-seated structural problems remain, the Arab Spring shows that a protest has the power to change the system.
The right to peaceful assembly (including the right to peaceful protest) is protected under the international human rights framework. Article 21 of the 1966 International Covenant on Civil and Political Rights provides: “The right of peaceful assembly shall be recognised. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”
At the regional level, Article 11 of the African Charter on Human and Peoples’ Rights (African Charter) provides: “Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, safety, health, ethics and rights and freedoms of others.” Similar to the provisions of Article 21 of the ICCPR and Article 11 of the African Charter, the right to peaceful protest, is articulated in other international and regional instruments.
The right to peaceful protest is an important right that allows people to express themselves collectively and to contribute to shaping their societies. Peaceful protests can take place outdoors or indoors, in public or private spaces, and extend to remote and digital activities including online. It also represents the very foundation of a system of participatory governance in a democratic system. The right to peaceful protest is also an important tool that can and has been used to recognise and realise a wide range of other rights, including economic, social and cultural rights.
Nigeria is a party to the ICCPR as well as the African Charter. However, the Nigerian government has continued to disregard the provisions of Article 21 of the ICCPR and Article 11 of the African Charter, as regards protests against the government. This was demonstrated in its handling of the #EndSARS protests.
The right under international law to protest peacefully is indisputable and Nigeria has over the years made various laws that give the impression of upholding the right to peaceful protest. However, some of these laws restrict and sometimes, through government action, stifle the enjoyment of the right to peaceful protest. The right to peaceful protest is guaranteed under section 40 of the 1999 Constitution, which provides: “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 association for the protection of his interests.” This provision undoubtedly shows that the right to peaceful protest is to be enjoyed by all persons, although peaceful assembly is only provided in the side note, not in the main provision. The fact that the section does not specifically mention peaceful assembly is immaterial.
However, it should be noted that the right to protest is not absolute. Exercising the right to protest, even peacefully and unarmed, could infringe upon the rights of other people, especially in the case of protests in public places. Public places cannot be occupied indefinitely. The last part of the second sentence of Article 21 of the ICCPR outlines the reasonable grounds on which the right to peaceful protest may be restricted. They include: “National security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.” Therefore, any restriction on the right to peaceful assembly must be necessary and in accordance with the law in a democratic society.
Since the return to democratic rule on May 29, 1999, Nigerians have demanded the right to peaceful assembly by way of protest, while the state has been invoking some undemocratic provisions in the Public Order Act to restrict Nigerians from peaceful protest. For example, Section 1(3) of the Public Order Act makes it mandatory for individuals or groups to apply for and obtain a police permit or approval to hold rallies and peaceful assemblies. The police have strictly followed the provisions of this section. For example, in January 2012, the police violently disrupted mass protests against the so-called removal of a fuel subsidy.
Likewise, during a protest by the Academic Staff Union of Universities to draw public attention to the underfunding of public universities in Nigeria, the police used tear gas to disperse the protesting academics. Justifying the violent police attack on protesters, Joseph Mbu, the then Rivers State Commissioner of Police, claimed that the rally was unauthorised, as the conveners had not obtained a police permit.
A few days ago, at the Federal Capital Territory, the police cracked down on peaceful protesters, forcing them to stay at the Moshood Abiola National Stadium. Whenever the protesters tried to march into the city centre, the police would ruthlessly disperse them with tear gas. Despite this, the protesters have continued to demonstrate resilience.
Whereas, in a statement posted to the social media platform X, the Inspector-General of Police, Kayode Egbetokun, said “hoodlums” instigated a “mass uprising” under the guise of protest in several major cities, looting and destroying businesses as well as government buildings, including police stations.
Egbetokun said there was destruction in the cities of Kano, Borno, Yobe, Kaduna, Gombe, Bauchi, Abuja, Niger, and Jigawa. He said there were unprovoked attacks on security personnel in Kaduna, Kano and Gombe, and said one police officer was killed, although he did not provide details.
Amid heavy security presence in Lagos, protesters marched toward government buildings, ringing bells, chanting and carrying placards denouncing corruption and Nigeria’s green and white flag. They were led down the street by armed security personnel. Many Nigerians blame the cost-of-living crisis on reforms introduced last year by President Bola Tinubu, who removed fuel subsidy and took steps that devalued the naira. Nigeria is one of the continent’s top oil producers and its public officials are among the best-paid in Africa, yet has some of the world’s poorest and hungriest people.
During a broadcast on Sunday, the President said his administration would not allow a few politically minded people to tear down the country under the guise of protests. Tinubu has asked protesters to call off the nationwide demonstrations to “create room for dialogue.”
Protests have the power to change the system. In Nigeria, the right to protest is protected under the international and African regional human rights frameworks, as well as under the constitution. Nigeria, being a party to the ICCPR as well as the African Charter; must therefore facilitate the right to protest in accordance with international law to ensure that everyone in its jurisdiction can exercise the right to protest.
Hence, the government must protect protesters and non-protesters against any form of threats and violence by those who wish to prevent, disrupt or obstruct protests. Where there is a reasonable ground on which the right to peaceful protest may be restricted or dispersed, only law enforcement agents trained in the policing of protests, and not the Department of State Services, should be used.
