The Right to Protest in Nigeria: Legal Position and Police Interference

Introduction: The Inalienable Right to Dissent

The right to protest is a cornerstone of any vibrant democracy. It represents the collective voice of the citizenry, a vital mechanism for expressing grievances, demanding accountability, and influencing public policy. In Nigeria, a nation with a rich history of activism and social movements, the ability to peacefully protest is particularly significant. From the anti-colonial struggles to the fight for democratic rule and contemporary movements like #EndSARS, protests have served as critical avenues for societal change.

However, the exercise of this fundamental right has frequently been met with resistance, often in the form of police interference, leading to a complex interplay between legal provisions and practical realities. This blog post delves deep into the legal framework surrounding the right to protest in Nigeria, examining the constitutional guarantees, relevant legislation, and landmark judicial pronouncements.

It will then meticulously analyze the pervasive issue of police interference, exploring its various manifestations, the underlying causes, and the far-reaching implications for democratic governance and human rights in the country. Finally, it will offer insights into the way forward, emphasizing the need for robust legal reforms, enhanced police accountability, and sustained civic engagement to ensure that the right to protest is not merely a theoretical construct but a lived reality for all Nigerians.

Chapter 1: The Legal Tapestry of Protest in Nigeria

The right to protest in Nigeria is woven into a tapestry of constitutional provisions, domestic legislation, and international human rights instruments to which Nigeria is a signatory. Understanding these legal underpinnings is crucial to appreciating the legitimate scope of protest and the limits of state power.

1.1 Constitutional Guarantees: The bedrock of Dissent

The 1999 Constitution of the Federal Republic of Nigeria (as amended) is the primary legal instrument guaranteeing fundamental human rights, including those that underpin the right to protest.

Section 39(1) – Freedom of Expression: This section broadly guarantees every person “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Peaceful protest is inherently an act of expression, allowing individuals and groups to communicate their views on matters of public interest. This freedom is critical for the robust exchange of ideas necessary for a healthy democracy.
Section 40 – Freedom of Assembly and Association: This is perhaps the most direct constitutional provision underpinning the right to protest. It states 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.” The ability to gather in groups for a common purpose, including expressing dissent, is central to this right. This section ensures that citizens can collectively articulate their positions without undue hindrance.
Section 41 – Freedom of Movement: While not directly a right to protest, Section 41, which guarantees every citizen freedom to move throughout Nigeria and reside in any part thereof, indirectly facilitates the exercise of the right to protest by enabling individuals to participate in demonstrations across different locations.
Section 33 – Right to Life and Section 34 – Right to Dignity of Human Person: These sections are fundamental and become particularly relevant in cases of police brutality during protests. The right to life prohibits the intentional deprivation of life, while the right to dignity prohibits torture or inhuman/degrading treatment. Any use of excessive force that results in injury or death during a protest directly violates these constitutional provisions.

It is important to note that while these rights are fundamental, Section 45 of the Constitution allows for their restriction “in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons.” However, such restrictions must be “reasonably justifiable in a democratic society” – a crucial legal test that aims to prevent arbitrary limitations.

1.2 Legislative Framework: The Public Order Act and its Evolution

The primary legislation regulating public assemblies in Nigeria is the Public Order Act of 1979. This Act has historically been a point of contention due to its restrictive provisions.

Permit Requirement (Historically): Prior to landmark judicial interventions, the Public Order Act famously required organizers of public assemblies, including protests, to obtain a police permit as a condition precedent. This provision was widely criticized for being an instrument of state control and suppression of dissent, granting undue discretion to the police to approve or deny protests.
Judicial Nullification of Permit Requirement: Inspector-General of Police v. All Nigeria Peoples Party (2008): This case stands as a watershed moment in the jurisprudence of protest in Nigeria. The All Nigeria Peoples Party (ANPP) challenged the police’s disruption of their rally based on the absence of a permit.
The Federal High Court, and subsequently the Court of Appeal, unequivocally ruled that the requirement for police permits for public protests was unconstitutional. Justice Chinyere’s pronouncement in the lower court, affirmed by the appellate court, declared that the Public Order Act, “in so far as it requires the issuance of police permit as a condition precedent to the holding of rallies or processions, is inconsistent with Section 40 of the Constitution and to that extent, it is null and void.” This landmark decision affirmed that citizens do not need police permits to exercise their right to peaceful assemb¹ly.

Despite this clear judicial pronouncement, the Public Order Act has not been formally amended by the National Assembly to reflect the nullification of the permit requirement. This legislative inaction creates a lingering ambiguity, although the judicial precedent remains binding. The surviving provisions of the Act still empower a State Governor to prescribe the route and times for processions, and allow the Commissioner of Police to prohibit the wearing of certain uniforms if they are deemed offensive or likely to provoke a breach of peace.

1.3 International Human Rights Instruments: Global Standards, Local Obligations

Nigeria is a signatory to several international and regional human rights treaties that reinforce the right to protest, placing international obligations on the Nigerian state.

Universal Declaration of Human Rights (UDHR): Article 19 (freedom of opinion and expression) and Article 20 (freedom of peaceful assembly and association) of the UDHR are foundational principles that Nigeria is bound by virtue of its membership in the United Nations.
International Covenant on Civil and Political Rights (ICCPR): Article 21 of the ICCPR explicitly recognizes the right of peaceful assembly, stipulating that “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 (²ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”
African Charter on Human and Peoples’ Rights: Article 9 (right to receive information and express opinions) and Article 11 (right to assemble freely with others) of the African Charter, domesticated into Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, further strengthen these rights. Article 11, similar to the ICCPR, allows for restrictions only when “necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.”

These international instruments emphasize that any restrictions on the right to protest must be lawful, necessary, and proportionate to the legitimate aim being pursued. They serve as a vital benchmark against which Nigeria’s domestic laws and practices are measured.

Chapter 2: The Troubling Reality of Police Interference

Despite the robust legal framework guaranteeing the right to protest, police interference remains a persistent and concerning feature of the Nigerian landscape. This interference takes various forms, often exceeding the legitimate boundaries of law enforcement and undermining fundamental human rights.

2.1 Manifestations of Interference: From Disruption to Deadly Force

Police interference with protests in Nigeria is not a monolithic phenomenon. It encompasses a spectrum of actions, ranging from subtle intimidation to outright violence.

Disruption and Dispersal of Peaceful Protests: Even in the absence of a permit requirement, police frequently disrupt peaceful protests. This can involve setting up roadblocks, deploying tear gas, water cannons, or even live ammunition to disperse gatherings. The rationale often cited is “public order” or “security concerns,” which are frequently invoked without sufficient justification or proportionality.
Arrests and Detention of Protesters: Peaceful protesters, including organizers and participants, are often arbitrarily arrested and detained. These arrests are often made without a lawful basis, with charges sometimes fabricated or exaggerated to deter future demonstrations. The aim is to create a chilling effect, discouraging citizens from exercising their right to dissent.
Excessive and Lethal Force: Perhaps the most egregious form of interference is the use of excessive and lethal force against unarmed protesters. The #EndSARS protests of October 2020 served as a stark and tragic reminder of this reality, particularly the events at the Lekki Toll Gate where Nigerian soldiers reportedly shot at peaceful demonstrators, resulting in casualties. Other instances of police brutality during protests, though perhaps less publicized, are unfortunately common.
The 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials clearly state that force should be avoided in the dispersal of unlawful but non-violent assemblies, and where force is necessary, it must be the minimum extent required. The Nigerian Police Force’s own revised Order 237 (2019) is meant to guide officers on the use of force, emphasizing proportionality and necessity, yet its implementation remains a significant challenge.
Intimidation and Harassment: Beyond direct confrontation, police employ tactics of intimidation and harassment before and during protests. This can include surveillance of known activists, threats of arrest, or the deployment of a heavy police presence designed to discourage participation. Social media monitoring and cyber-harassment of protest organizers have also become increasingly prevalent.
Failure to Protect Protesters: The police have a positive duty not only to refrain from interfering with peaceful protests but also to protect protesters from counter-demonstrators or other threats. In many instances, however, the police have been criticized for failing to adequately protect protesters, or worse, for appearing to collude with those seeking to disrupt peaceful assemblies.

2.2 Underlying Causes of Interference: A Multifaceted Problem

The persistent pattern of police interference in Nigeria stems from a combination of systemic issues:

Culture of Impunity and Lack of Accountability: A pervasive culture of impunity within the Nigerian Police Force (NPF) is a significant driver of interference. Officers who use excessive force or violate the rights of protesters are rarely held accountable, fostering a sense that they can act with little fear of reprisal. This lack of accountability emboldens officers to overstep their bounds.
Colonial Legacy and Authoritarian Mindset: The Nigerian Police Force inherited a structure and ethos from the colonial era, designed primarily to maintain order and suppress dissent rather than to protect civil liberties. Decades of military rule further entrenched an authoritarian mindset, where protest was often viewed as a challenge to state authority rather than a legitimate expression of democratic rights. This historical baggage continues to influence policing practices.
Inadequate Training and Capacity Building: Many police officers lack adequate training in crowd control, de-escalation techniques, and human rights principles. Their responses to protests are often characterized by a default to force, rather than engagement and facilitation. A fundamental reorientation of police training curricula is desperately needed.
Political Influence and Manipulation: The police are often perceived as being susceptible to political influence, used by those in power to suppress protests that are critical of the government. This politicization of the police undermines their neutrality and their constitutional duty to serve all citizens.
Outdated Laws and Legislative Inertia: Despite the landmark court ruling in ANPP v. IGP, the Public Order Act has not been amended. This legislative inertia allows for the continued misapplication of outdated provisions, creating a legal ambiguity that police sometimes exploit to justify their actions.
Resource Constraints and Welfare Issues: While not a direct justification for human rights abuses, inadequate funding, poor welfare, and a lack of proper equipment for police officers can contribute to unprofessional conduct. Officers who feel undervalued and poorly equipped may be more prone to resorting to heavy-handed tactics.

2.3 Consequences of Interference: Erosion of Democratic Space

The consistent interference with the right to protest has profound and detrimental consequences for Nigeria’s democratic development and the enjoyment of human rights:

Chilling Effect on Dissent: The fear of arrest, injury, or even death discourages citizens from participating in protests, thereby stifling legitimate expressions of grievance and criticism. This chilling effect shrinks the civic space and undermines democratic participation.
Erosion of Public Trust: Police brutality and arbitrary interference erode public trust in law enforcement agencies and the government as a whole. When citizens perceive that their fundamental rights are not protected, it can lead to widespread disillusionment and resentment.
Undermining Rule of Law: When judicial pronouncements are disregarded and laws are selectively enforced or misinterpreted to suppress dissent, it weakens the rule of law and the independence of the judiciary.
Escalation of Tensions: Suppressing peaceful protests can lead to a build-up of unaddressed grievances, potentially escalating tensions and leading to more volatile forms of social unrest. Peaceful protest acts as a safety valve; its suppression can burst that valve.
Damage to International Reputation: Reports of human rights abuses during protests tarnish Nigeria’s international reputation and attract condemnation from human rights organizations and the international community.
Impediment to Good Governance: The right to protest is essential for holding governments accountable. When this right is curtailed, it creates an environment where corruption, maladministration, and poor governance can thrive unchecked.

Chapter 3: Landmark Cases and Judicial Activism

The Nigerian judiciary has played a crucial role in affirming and protecting the right to protest, often serving as the last bastion of hope for citizens whose rights have been infringed upon.

3.1 Inspector-General of Police v. All Nigeria Peoples Party (2008) Revisited

As highlighted earlier, this case is the bedrock of the legal position on protest permits in Nigeria. The Court of Appeal’s affirmation of the Federal High Court’s decision unequivocally declared that the police permit requirement in the Public Order Act was unconstitutional. This ruling was a significant victory for civil liberties, clearly stating that citizens do not need prior authorization to organize or participate in peaceful assemblies. The court emphasized that the Public Order Act should complement constitutional rights, not stifle them. This judgment remains a powerful legal precedent, even in the face of ongoing police practices.

3.2 Post-#EndSARS Judicial Panels and ECOWAS Court Rulings

The #EndSARS protests of 2020 brought the issue of police brutality and interference into sharp focus. Following the protests, various state governments set up judicial panels of inquiry to investigate cases of police brutality and human rights abuses.

Lagos State Judicial Panel of Inquiry: This panel, in particular, heard numerous petitions and received testimonies concerning the Lekki Toll Gate incident. Its report confirmed that security forces used excessive force and that there was a massacre at the Lekki Toll Gate, challenging official narratives and providing a platform for victims to seek justice. While the implementation of the panel’s recommendations has faced challenges, its findings are a crucial documentation of the abuses.
ECOWAS Community Court of Justice Rulings: The ECOWAS Court of Justice has also weighed in on the #EndSARS protests. In a significant ruling, the court found the Nigerian government guilty of human rights abuses during the protests, particularly condemning the disproportionate use of force at the Lekki Toll Gate. This ruling reiterated Nigeria’s obligations under international human rights law and ordered compensation for some victims. While the court declared another case inadmissible due to lack of proof of authorization for representation, the overall trend of its judgments emphasizes the regional commitment to human rights and the accountability of member states.

These judicial interventions, both domestic and regional, demonstrate the judiciary’s commitment to upholding fundamental rights and holding the state accountable for violations. However, the challenge often lies in the enforcement of these judgments and ensuring that they translate into concrete changes in policing practices.

Chapter 4: The Role of Civil Society and the Media

Civil society organizations (CSOs) and the media play an indispensable role in safeguarding the right to protest in Nigeria. They act as watchdogs, advocates, and catalysts for change.

4.1 Advocacy and Legal Support

CSOs, human rights groups, and legal aid organizations actively champion the right to protest. They:

Provide Legal Assistance: Offering pro bono legal services to unlawfully arrested or detained protesters, ensuring they have access to justice.
Monitor and Document Abuses: Systematically collecting evidence of police interference, brutality, and human rights violations during protests. This documentation is crucial for advocacy and for holding perpetrators accountable.
Advocate for Policy and Legislative Reforms: Engaging with lawmakers and policymakers to push for amendments to outdated laws and the enactment of new legislation that better protects the right to peaceful assembly.
Capacity Building: Training activists and citizens on their rights during protests, how to document abuses, and how to engage peacefully with law enforcement.

4.2 Media Scrutiny and Public Awareness

The media, both traditional and new media, is vital in shaping public discourse and bringing police interference to national and international attention.

Reporting and Investigation: Independent journalists and media outlets provide crucial coverage of protests, often at great personal risk. Their reporting brings abuses to light and informs the public.
Social Media Mobilization: Platforms like Twitter, Facebook, and Instagram have become powerful tools for organizing protests, disseminating information, and exposing police misconduct in real-time. The #EndSARS movement, for example, was largely fueled by social media.
Holding Power Accountable: Through investigative journalism, documentaries, and opinion pieces, the media can press for accountability from government officials and law enforcement agencies.

The synergy between civil society and the media is critical. CSOs often provide the primary data and personal testimonies, which the media then amplifies to a wider audience, thereby increasing pressure for reform.

Chapter 5: Challenges and the Way Forward

Despite the legal guarantees and the efforts of civil society, significant challenges persist in the full realization of the right to protest in Nigeria. However, a multi-pronged approach can pave the way for a more democratic and rights-respecting future.

5.1 Enduring Challenges

Persistent Impunity: The lack of effective mechanisms for holding police officers accountable for human rights abuses remains a major hurdle. Investigations are often slow or nonexistent, and prosecutions are rare.
Executive Interference and Political Will: The political will to fully uphold the right to protest and rein in errant security forces is often lacking. Political considerations can override constitutional obligations.
Judicial Bottlenecks and Enforcement Deficits: While courts have made progressive rulings, the enforcement of these judgments can be challenging. The executive arm may not always comply, and judicial processes can be slow and expensive.
Misinformation and Disinformation: The spread of misinformation and disinformation, often by state actors or their proxies, can be used to delegitimize protests and demonize protesters, thereby justifying repressive measures.
Public Safety Concerns: While not an excuse for abuse, genuine concerns about public safety and order (e.g., potential for protests to turn violent or disrupt essential services) sometimes exist. The challenge lies in addressing these concerns proportionately and without infringing on fundamental rights.

5.2 Recommendations for a More Robust Right to Protest

To solidify the right to protest and curb police interference, a comprehensive approach encompassing legal, institutional, and societal reforms is imperative:

Legislative Reform of the Public Order Act: The National Assembly must urgently amend the Public Order Act to explicitly remove the unconstitutional permit requirement and align the entire Act with the 1999 Constitution and international human rights standards. This will remove any lingering ambiguity and prevent the police from using outdated provisions as a pretext for interference.
Police Reform and Reorientation:
- Improved Training: Comprehensive training for police officers on human rights, crowd management, de-escalation techniques, and the lawful use of force. This training should emphasize that the primary role of the police during protests is to facilitate peaceful assembly and protect participants, not to suppress dissent.
- Accountability Mechanisms: Strengthen independent oversight bodies and internal disciplinary mechanisms within the NPF to ensure swift and impartial investigation and prosecution of officers involved in human rights violations. The establishment of dedicated human rights units within the police, with clear mandates and independent oversight, could also be explored.
- Adherence to Use of Force Guidelines: Strict adherence to the revised Police Order 237 (2019) and international standards on the use of force, emphasizing that lethal force is only permissible as a last resort to prevent imminent threat to life or serious injury.
- Professionalization and Welfare: Improved welfare, equipment, and remuneration for police officers can contribute to a more professional and rights-respecting force, reducing the likelihood of corrupt practices and excessive force.
Strengthening the Judiciary and Enforcement of Judgments: Support judicial independence and ensure that court judgments upholding the right to protest are effectively enforced by all arms of government. Public awareness campaigns about existing legal precedents can also empower citizens.
Promoting Public Education and Awareness: Educating citizens about their constitutional rights, particularly the right to peaceful assembly, and empowering them to demand accountability. This includes knowing what constitutes a lawful protest and the limits of police powers.
Fostering Dialogue and Engagement: Encouraging constructive dialogue between protest organizers, civil society, government officials, and law enforcement agencies to de-escalate tensions and find common ground.
Leveraging Technology for Accountability: Continued use of social media and other digital tools by citizens to document and expose abuses, creating a deterrent effect and providing evidence for legal action.
Role of International Partners: International human rights organizations and diplomatic missions should continue to advocate for the protection of protest rights in Nigeria, providing technical assistance for police reform and monitoring human rights situations.

Conclusion: Upholding Democracy’s Breath

The right to protest is more than just a legal provision; it is the very breath of a democratic society. It allows citizens to participate actively in governance, hold power accountable, and advocate for a better future. In Nigeria, the journey towards fully realizing this right has been fraught with challenges, particularly due to persistent police interference. While the legal framework is largely progressive, especially following landmark judicial decisions, the gap between law and practice remains significant.

Bridging this gap requires a concerted effort from all stakeholders: the government must demonstrate genuine political will to respect and protect fundamental rights; the police must transform into a rights-respecting force, adhering to national and international standards; the judiciary must continue its role as a guardian of justice; and civil society and the media must remain vigilant in their advocacy and documentation.

As Nigeria continues its democratic experiment, safeguarding the right to protest is not merely an option but an imperative. It is through the unfettered exercise of this right that citizens can truly shape their destiny, hold their leaders accountable, and build a nation where voices are heard, grievances are addressed, and justice prevails. The future of Nigerian democracy hinges on the state’s willingness to allow its citizens to breathe, to speak, and to protest peacefully without fear of brutal reprisal. Only then can the true promise of a government of the people, by the people, and for the people, be realized.

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