Human rights lawyer, and Chair,  Alliance on Surviving Covid 19
and Beyond (ASCAB), Femi Falana SAN on Sunday condemn the threat by the Chief of Defence Staff(CDS), Gen Christopher Musa to call out the military to intervene in the ongoing protests by Nigerians across the country, saying such threat is not only illegal but unpatriotic.

Falana also has harsh words for the Federal government under the leadership of President Bola Ahmed Tinubu, the Senate President, Mr Godswill Akpabio for the harsh words and the way they mobilized thugs and volatile groups to infiltrate the camp of protesters which has caused violence in a few centers of protest.

The senior lawyer however gave kudos that the Nigerian groups involved in the protest for their resilience and forcing government whose officers are living in opulence at the to hierarchy, to look at the plight of Nigerians, majority of whom are living in abject poverty.

Below is the full statement of ASCAB:

CONDEMN THE REPRESSION OF THE PEACEFUL PROTESTS OF NIGERIAN YOUTHS

By Femi Falana

Recently, Nigerian youths announced their wish to protest against bad governance in the country from August 1-10, 2024. Various organisations independently listed a number of demands and invited Government to react to them. Instead of addressing the demands, the federal government and some state governments embarked on a vicious campaign of blackmail and calumny. Without any scintilla of evidence whatsoever, the youths were accused of being used by frustrated politicians and other disgruntled elements.

In a very provocative manner, the Senate President, Senator Godswill Akpabio said that “while you protest, we shall be eatingd.” On his own part, Vice President Kashim Shettima said that the protesters are “idiots. ”

However, in a desperate bid to prevent the protests from taking place, the federal government met with selected political, religious, and traditional leaders. The groups assured the federal government that the protests would not be allowed. Some phoney groups that were not involved in planning the protests announced that they were withdrawing from the protests. But as the government could not fully rely on such assurances. A number of lumpen elements were hurriedly assembled and mobilized to either disrupt the protests and/or stage counter protests in support of government.

On the eve of the protests, the Governments of Lagos and Ogun States as well as the Federal Capital Territory, FCT, Abuja, procured ex parte orders from the courts to confine the protesters to designated places. Even though the orders were not served on the organisers of the protests, the youths complied and gathered in the designated centres.

To the utter embarrassment of the government, the protests were peacefully conducted in many states of the Federation. In the full glare of the media, thugs attacked the unarmed protesters while some overzealous police personnel shot and killed a number of protesters. Journalists have also been harassed and intimidated. We condemn the unprovoked attacks on journalists and peaceful protesters.

It is the statutory responsibility of the Police to protect protesters against thugs who are the creation of criminal societal neglect. The Police should not hide under the guise of attacking thugs to attack peaceful protesters. Other thugs took advantage of such official lawlessness to unleash mayhem in some states. Thus, the official and the private thugs engaged in the destruction of public properties and looting of food and other items.

The police became overwhelmed. Since the members of the anti-protest police squad were not equipped with cannisters of teargas, water cannon, and rubber bullets, they shot and killed some unarmed protesters and other members of the public.

In order to further intimidate the protesters, the Chief of Defence Staff, General Christopher Musa, has threatened that the military would intervene if the nationwide #EndBadGovernance protests continue unabated. However, in a few states, the Commissioners of Police adopted a professional approach and even provided water, and the peaceful protests continue in those states. Some governors have also addressed protesters and acknowledged the peaceful nature of the protests.

Instead of threatening unarmed protesters, the military authorities should allow the police to continue to discharge its constitutional responsibility. Apart from a few trigger happy police officers who had shot and killed protesters, the Nigeria Police Force has handled the protests in a professional manner.

We commiserate with the families of all the patriots that were killed and call on the Federal and State Governments to set up Commissions of Inquiry, which should include representatives of credible human rights organisations and the NBA to investigate the killings with a view to bringing to justice prosecute the reckless murderers.
The family members of the deceased should be adequately compensated by the federal government. The victims of the barbarous killings should be identified and celebrated as heroes and heroines of the struggle for the emancipation of the downtrodden Nigerian people.
Participation in peaceful protests should never be criminalised in Nigeria.

It is pertinent to state that the threat of General Musa is illegal and unconstitutional since Nigeria is no longer under a military dictatorship. The threat cannot be justified under section 217 of the Constitution,n which provides that the armed forces shall be empowered to suppress insurrection and act in aid of civil authorities, to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly.

In Yusuf V. Obasanjo (2005) 18 NWLR (pt. 956) 96 at 174-175, the Court of Appeal held that: “It is up to the Police to protect our nascent democracy and not the Military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for, after wrestling power from the military in 1999. Conscious steps should be taken to civilianize the polity and thereby ensure survival and substance of democracy.”

In the case APC v. PDP & Ors (2015) LPELR-24349(CA) the Court of Appeal held the armed forces can only suppress insurrection and act in aid of civil authorities to restore order when called upon to do so by the President, and even then, the military must be invited by the President, upon fulfilment of specified conditions, prescribed by an Act of the National Assembly. The Court further held that “even the President of Nigeria has no powers to call out the Armed Forces and unleash them (Military Officers) on a peaceful citizenry who are exercising their franchise to elect their leaders.”

Similarly, in Femi Falana SAN v Chief of Army Staff, (FHC/L/CS/1939/2019), the plaintiff asked the Federal High Court to stop the Nigerian army from conducting “operation positive identification” exercise which entailed the demand of valid means of identification from Nigerians by military officials across the country. Justice Railwan Aikawa declared the exercise illegal and unconstitutional on the ground that members of the armed forces lack the power to subject civilians to any form of security check outside the North East geopolitical zone where the country is involved in waging a counter-insurgency operation.

This is not the time for threats by military and civilian public officers. Having terminated the corrupt and murderous military dictatorship in Nigeria in May 1999, Nigerians will resist any violation of their hard- won democratic rights by armed gendarmes. Since the government has recognised the right of Nigerians to take part in protests, the police should be prohibited from resorting to the use of lethal weapons during peaceful protests.

We congratulate the protesters for drawing the attention of the few politicians who are eating in Abuja to the plight of millions of Nigerians who are hungry. We demand the immediate and unconditional release of all protesters that were arrested and detained while the law should take its course in respect of those who are held as criminal suspects .

We call on the President to address the demands of the peaceful protesters. So far, the Presidential Speech falls short of even making gestures to the angry on the streets. For instance, the President failed to address the key demand, which is common to all the lists of demands of various organisations and protesters in the street: reversal of the policy of withdrawal of fuel subsidy. If
the government gives a firm assurance that it would take the fight against corruption to doorstep of the those involved in the oil subsidy racket and crude oil is processed in government owned refineries, there will be no basis for fuel subsidy, which is induced by importation of petroleum products. A positive response to the key demands of the youths to review the pprotesters could make them review their action positively too.

Finally, we wish to draw the attention of the managers of the neo colonial state of Nigeria to the case of Inspector General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the Court of Appeal held:

“A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and
the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilised countries. It will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”

Femi Falana SAN,
The Chair,
Alliance on Surviving Covid 19
and Beyond ASCAB.
August 3, 2024.

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