The demonstration of oppressed: a constitutional right and a call for government observance of protesters' rights

 The demonstration of oppressed: a constitutional  right and a call for government observance of protesters' rights.

Akilu Sa'adu

Ahmadu Bello University, Zaria

It is asserted that, one can not be beaten and restrain from shedding tears . Nigerians have been whacked  by the government they unanimously elected into office to secure their lives and chattels, improve their living standard, economic and social enhancement .  Disaffectionately, and to the chagrin of the public mostly Northern side, the government become irresponsive to their woes ; dumb to their cooing at Night;  blind to their tears at noon and deaf to the throbbing of their broken hearts in the morning . They are in a maze condition, oblivion about who to trust in the next three years.

Does the patience pays in Nigeria? Myriads people asked what happened in the squandered eight years of Mr. PMB? Where was  avowed change?

And now is the renewed hope  administration , a government they believe will  make a new life out of the withered hopes; broken hearts and stultified souls of Nigerians 

Since the commencement of the administration hopes of public plummeted as the president with his capitalist ideology increased taxes , scrapped subsidy which his cabinet believe to be a pipe that consumes our budget money . This aid in skyrocketing the price of commodities in market and the uncertainties in survival increased, with every heartbeat of a man thinking perplexedly  on food, alone . 'the renewed hope' bashed Nigerians on their skulls with it's heavyweight hammer . What is the way out? An anarchy or a law? 

 The Nigerian having appreciated the indiscriminate nature of law in salvaging the plight of people and its power in coercing the administrators or  king to respond to their subjects, they opted to wield the shield entrusted onto their hands by the Nigerian groundnorm — constitution, to demand  for their security (i.e food  ,lives and material security), and the reduction of price  in the basic needs items so as to appease life bitterness and severity.

This rancour and uproar by the mob of angry considerate youth that aim at storming the whole country with their feet on the streets and highways ,scared government and its loyalists ,thus, they  are doing all possible to stifle the occurrence of the protests but it proved  abortive. Hence, they resorted to  Islamic pulpits and exert  them to remind downtrodden , oppressed for  'peace' and 'paradise cake' which awaits those that persevere with the searing pain of world in the hereafter . They are  marrying Islamic principles with western - initiative democratic principles so as to soothe  their angered followers. "They holds Kitab (Holy book) with right hand and covertly collect money with left hand" ,someone anonymously uttered.

However,Under Nigerian extent law ,a peaceful assembly is legal and constitutional right of every person who can be called a  'citizen' pursuant to section 25,26 and 27  of the 1999 constitution. From the shade of section 40 of 1999 constitution every person is entitled to assemble freely and associates with other persons...". This  right is consequential in actualizing a robust democratic society and is not only present in Nigerian constitution but equally in other international conventions  like Article 20 of UDHR (universal Declaration of Human Rights) and section 21 of the international covenant on civil and political Rights.

Going from the above  ,the constitutionality or legal basis for the congregation of people or assembly is justified in a democratic  dispensation .But, associating peaceful demonstration with an Islamic leaders – led relationship is blindfolding and elusive argument which can not provide the traumatized public with the remedy they are hankering for donkey's years. If Democracy is the tenets of our leadership ,the exercise of  the powers and rights conferred onto the public  by the said democracy is legal ,and justifiable.

But, it is  evidentially correct that, the provision of constitution does  not envisage a phrase  " peaceful assembly" rather a word " freely" . Does this means a person has unrestrained , untrammelled , and unlimited right to stage any demonstration or assemble with people and with whatever intent or purpose which can be destructive ,annihilating , prejudicial and inimical to the existence of a peaceful society ? Does   a siege and rioting where looting and destruction of government properties are allowed under this constitutional provisions or other extent laws?

The response to the above questions must not be positive because no society would allow anarchy and brigands to  reign over its chosen leaders and  equanimity. Laws in Nigeria, like so many country on earth ,proscribed unlawful assembly or an assembly that may leads to tumult, and upheavals in the  society. ( see section 60 of criminal code ).

But, where the assembly is to show the dissatisfaction of people towards government unmeritorious policies and uncompassionate attitudes towards it's subject such rights  is guaranteed by our laws. However, the rightis constitutional but it is a doom to an infant democracy like this of Nigeria 

Subsequently, the demonstration by the angry mob of youths signifies  the failure of the leaders and the system they operate upon. Democracy no loner serves masses ,it serves the  Elites and aristocratic politicians . For better description I would borrow the word of my friend , Abdulazeez Salisu lawal, where he described democracy  in Nigerian context  as  " democrazy" .

As a result, we are calling government to respect the protesters rights to assembly  and guards them throughout the procession. 

When youth decides to react, the whole world shivers. In a country that is yet to rejuvenate or recover from the maze uproarious movement of young Nigerian during ENDSARS and the infamous  action of brigands  and bandits , the protest of the youths is a symbol of a failed system and the unscrupulous action of government which plunged masses in a nasty poverty which is also a harbinger to the destruction  of our  immature democracy .

We are admonishing government to integrate these youths and find peace in our dear country.