A Karshi Magistrate Court, Abuja, has remanded an activist and Convener, Concerned Nigerians, Deji Adeyanju; Daniel Abobama and Boma Williams in Keffi prisons, Nasarawa State, for protesting against alleged partisanship by the police.
The three accused persons had led a protest to the Force headquarters, Abuja, on Wednesday, against the police for sealing the Akwa Ibom State House of Assembly on Tuesday, when they were picked up and hastily arraigned in court.
The men were charged with criminal conspiracy, public nuisance, disturbance of public peace, and threat to public security and safety, criminal defamatory and derogatory conduct against constituted authority and breach of law and order under Sections 96, 113, 114, 152, 183 and 391 of Penal Code.
The accused persons were, however, granted bail by the presiding Magistrate, Aliu Kagarko, but they could not immediately meets the conditions which included two sureties one of whom must be a level 14 civil servant with a cover letter from his superior, and also a businessman with a verified address.
They were subsequently taken to Keffi prisons by the police after they failed to provide the sureties .
I however find the actions of the Nigerian Police rather distasteful,and more worrisome is the bail conditions granted to the protesters by the court of law .
The Right To Protest.
The right to protest remains a fundermental right as the 1999 ,Nigerian constitution(as amended) in Section 39 & 40 which provides for the right to Freedom of Expression and Peaceful Assembly & Association.This rights are also enshrined in Article 11 of the African Charter on Human and Peoples’ Rights.,which provides thus ;
" Every individual shall have the right to assemble freely with others. The exercise of this right shall ONLY be subject only to 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."
The Court have also often times upheld this right and same was even settled in the case of Inspector-General of Police. V. All Nigeria Peoples Party (2008) 12 WRN 65 wherein the Court of Appeal had declared that the requirement of police permit for public protests was illegal and unconstitutional.
It should be noted that the Police have no powers to disrupt the peaceful protest of the Nigerian Citizenry EXCEPT they obtain an injunctive relief in a competent court of law against such protest,if there are fears that it may lead to break down of law and order.
It must also be noted that the ONLY exception to the fundermental right to protest is provided in section 45 of the Constitution, in which case there must be a state of emergency properly declared before these rights can be violated.”
Protest against constituted authorities are recognised by law and same are not treasonable acts/crimes.
The Magistrate Court in Karshi Abuja is therefore mandated to call for a review of its bail conditions as same is inimaical to the tenants of the rule of law and the tenets of the Nigerian Constitution.The Supreme Court have often enjoined that bail condituons should not be oneerous or excessive to one who the court as already granted bail,as same would be tantamount to a denial.
In conclusion ,Nigeria as a nation which prides itself on democratic tenets of the rule of law ,must continually work to uphold and observe the right to freedom of expression, the right of Nigerians to hold protests, marches, rallies and demonstrations for or against the government and same should no longer be enjoyed at the whims and caprices of the ruling class.
Umoru Theophilus Iko-Ojo Esq is the Principal Partner & Head of Chambers of the Emmanuel Attorneys & Solicitors Law Chambers.
*emmanuelattorneys&solicitors@gmail.com
*+234-810-2160-864
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