As a young boy, my mother had this unique way of sending her message home when angry. She would call my name three times and, of couse, my response was positive and, as a follow- up, she would ask me to hold my two ears before she would eventuallly utter whatever message she wanted to pass across to me. Instantly, either through psychology or spiritualism, instantly, such messages always stuck to my brain. I process, l learnt later that the process was known as “drumming the message into the ears.” Such method of training needs to be included in the syllabus of the Nigeria Police. Not until the import of what democracy stands for and duly explaining what the components of true democratic system are to the police and their leaders, the three legs of our democracy would continue to be shortchanged.
Frankly, this column is instigated by the continuous nonchalant attitude and operational stand of the police that had over the years refused to change by imbibing the right democratic norms of a civilised society. What is a true democracy when the tenets of human rights of innocent Nigerians are blantantly encroached upon, as if there is an overnight reverse to military dictatorship? After 22 delicate years whereby our democracy has been stretched to breaking point despite the fact that we are fervently praying that the democracy is not torpedoed by ethnic agitators and evil politicians; it looks as if some security agents do not know that some actions of theirs can spark off either ethnic or religious agitation. The tension in the country is daily multiplying, from insecurity to economic issues fuelled by high cost of foodstuff. Further increasing the tension are the political tension in Anambra State, plus the Indigenous People of Biafra (IPOB) and other agitators around the country. In fact, these are trying times for the country and its leadership. This is not the time for any arm of our security agencies to burst the national baloon through acts of rascality or high-handedness without any consequences.
The recent #EndSARS protest commemorating its one-year anniversary on October 20, 2020, came into focus sequel to the police commissioner in Lagos outrightly denying any permission to embark on any street protest in the state. Surely, Mr. Hakeem Odumosu must have reached out to his boss in Abuja before taking such an unpatriotic stand, not minding what the Nigerian law stipulates and what the highest court of the land had directed as far back as 2010, 15 years ago.
Records stated that, “In the case of the All Nigeria People’s Party vs. Inspector-General of Police (2006), the Honourable Justice Anwuri Chiyere declared that police permit as a precondition for holding rallies in Nigeria was illegal and unconstitutional. Consequently, her ladyship granted an order of perpetual injunction restraining the Inspector-General of Police and other police officers from preventing Nigerian citizens from convening and participating in rallies.”
Even the appeal of the police against the judgment was dismissed by the Court of Appeal in December 2007. In a unanimous decision of the court, their lordships described police permit as “a relic of colonialism,” which is anomalous in a democratic society.
Section 83 (4) of the Police Establishment Act 2020, provides: “Where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or the procession.”
By even contemplating to stop the rally, Mr. Odumosu, who swore to uphold the Constitution and maintain peace, had surresptiously constituted a gross infringement of the fundamental rights of the Nigerian people to freedom of expression and freedom of assembly guaranteed by sections 38 and 40 of the Nigerian Constitution, and articles 9 and 10 of the African Charter on Human and Peoples Rights Act.
Mr. Odumosu has, by his official statement and action brazenly disobeyed a standing Supreme Court order and should be brought to book as a disobedient officer. A situation where law enforcement personnel would flagrantly flout court orders should no more be accepted in the country. The court is the hope of the people and the nation, and law enforcement officers, small nor big, should not be above the law.
What the #EndSARS agitators stood for is well known and appreciated by the greater percentage of Nigerians. After all, when Mr. Odumosu eventually retires into civilian life, he would be anticipating to live in a decent society, where his rights and those of his family would be guaranteed. Mr. Femi Falana was, therefore, correct when he argued that the police statement that the planned protest may lead to a “breakdown of law and order,” was not tenable, “Since police permit has been outlawed and banned in Nigeria by the Federal High Court and affirmed by the Court of Appeal.”
Nigeria Police Force cannot be permitted to ban rallies without a repeal of the law on public meetings, rallies and processions in the country. In other words, the ban on public protests announced by the police authorities cannot obliterate the constitutionally guaranteed rights of Nigerians to assemble peacefully and express themselves.
It’s on record that many top politicians and senior lawyers had in the past joined public demonstrations to draw attention to either misrule or miscarriage of justice.
In fact, in November 2014, General Muhammadu Buhari (before his election) and other leaders of the ruling All Progressive Congress took part in public rallies against fuel price hike in January 2012 and protests against insecurity, yet no police officer teargased him and his group.
When fundamental human rights of a person are violated, or when his movement is restricted, the Constitution of Nigeria describes such acts as illegal and breach of the law. Every person has the right to freedom of expression and the press and the right to peaceful assembly and association.
It is important to also note that there is no need or requirement for any permission to protest in any part of Nigeria. Protest is free and lawful, it is protected by the Constitution of Nigeria. It is a fundamental human right of persons in Nigeria to be expressive and to propagate their views and ideas. Like any lawful event, protesters must ensure that their protests and actions are peaceful.
The African Charter on Human and People’s Rights has expanded the fundamental human rights in Nigeria.
The fundamental human rights contained in the Constitution of Nigeria are: Right to Life, Right to Dignity of Human Person, Right to Personal Liberty, Right to Fair Hearing, Right to Private and Family Life, Right to Freedom of Thought, Conscience and Religion, Right to Freedom of Expression and the Press, Right to Peaceful Assembly and Association, Right to Freedom of Movement, Right to Freedom from Discrimination, and Right to Acquire and Own Immovable Property anywhere in Nigeria.
These rights should not be violated by any person, including law enforcement agencies or agents in any part of Nigeria. These should be drummed into their ears.