An Analysis of the Legality and Challenges of Peaceful Protest in Nigeria: Matters Arising

Abstract

Peaceful protest is one of the lawful channels through which citizens register and express their discontent, dissatisfaction and sundry opinions on government policies, actions and inactions. The right to peaceful protest is one of the fundamental human rights which is recognized by both national and international legal instruments and judicial decisions. The Constitution of the Federal Republic of Nigeria, 1999 (as amended) makes the security and welfare of the citizens the primary purpose of the government. Under the Police Act, 2020, the Nigerian Police has a duty to protect protesting citizens with adequate security and uphold the fundamental rights of all citizens under maximum safety. Despite these recognitions, the right to peaceful protest is not respected in Nigeria. In recent times, many protesters have been killed, others injured while a greater number have been unjustly detained. These and other factors are challenges which undermine the free exercise of the right to peaceful protest in Nigeria. This article therefore offers an appraisal of the legal framework for peaceful protest and the challenges associated with peaceful protest in Nigeria in recent times. It analyses both national and international legal frameworks for peaceful protest with a view to sensitizing the citizens on the position of the law as regards peaceful protest and proffers solutions to the identified challenges. The research method adopted is the doctrinal method of research whereof primary, secondary and tertiary sources such as law textbooks, journals, newspaper and internet materials etc were consulted. Findings show that the   right to peaceful protest is not respected in Nigeria especially when the protest is against the government. This article recommends that government should curtail violent crack-down and illegal detention of innocent protesters during protests. The article also recommends that government should respect judicial pronouncements or decisions on the right to peaceful protest in Nigeria.