THE rights to peaceful protest and expression of opinion on issues that affect a citizen are universally recognised as veritable pillars to a democratic society.
They operate as safety valves against draconian and despotic regimes trampling on the fundamental rights of the people.
It is against this backdrop that any society subscribing to democratic norms and values, more often than not, finds it imperative to provide clear legal frameworks or instruments for giving eloquent expression for the protection and preservation of these entitlements of citizens among other fundamental rights.
For instance, Articles, 9 (2);10 (1) and 11 of the African Charter on Human and Peoples’ Right clearly guarantee freedom of expression of opinion, association and assembly respectively.
This is also in accord with relevant constitutional provisions in Nigeria specifically sections 39 and 40 of the 1999 Constitution of the federal Republic of Nigeria (As Amended)
For the avoidance of doubt, section 39(1) provides inter alia “Every person shall be entitled to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without hindrance”.
Similarly, section 40 stipulates that” Every person shall be entitled to assemble freely and associate with other persons…”
From the foregoing, it is apparent that Nigeria by virtue of the relevant provisions Constitution and indeed other international instruments or legal frameworks, subscribes among others, to the protection and preservation of the peoples’ right to freedom of association and expression which remain very important component of good governance.
It is equally imperative that as a democratic society, all necessary steps should be taken at all material times to safe guard these and other fundamental rights within the ambit of the law.
The recent arraignment of #EndBadGovernnace protesters in August, however, seems to stand out as a test case with regards to the extent we have either internalized the concept, respect and protection of freedom of expression and association or desecrated and denigrated same.
While we commend the Attorney-General of the Federation for dropping the charges against the minors arraigned for treason and treasonable offences following their participation in the August 2024 protest against hunger and bad governnace, we believe that extension of same quantum of magnanimity is not out of place.
Indeed, the Attorney-General has the power to exercise such magnanimity as constitutionally guaranteed.
For the avoidance of doubt, section 174 (1) (C) of the 1999 constitution of the Federal Republic of Nigeria(As Amended) provides “The Attorney General of the Federation shall have power to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person”.
A State Attorney-General has same authority as provided for in section 211 of the constitution with respect to the state.
While we do not by any stretch of imagination support treason, treasonable felony or any form of offensive disposition against authority or any institution, it is our belief that exhibiting clemency is not a mark of weakness but rather a sign of maturity.
The Federal Government should address the predisposing factors for distrust among the populace.
Essentially, government should address the issue of hunger, poverty, unemployment, insecurity and lack of shelter ravaging the society.
The murderous onslaught against innocent citizens by herdsmen, rising cost of living among others no doubt, have subjected the ordinary citizen to untold hardship which needs a serious reversal.
Democracy thrives where the rule of law is hallowed and the people have reasonable access to the dividends of democracy.
Peaceful protests and expression so long as it is devoid of violence or vandalization of public property provides opportunity for citizens to legitimately ventilate their views on issues that touch them.
It is part of the beauty of democracy and should be tolerated to the extent dictated by law. To deny citizens this right is tantamount to dictatorship which is an aberration in modern society.
On the contrary, willful, senseless, destructive and violent protests expose the perpetrators to severe sanctions by the law of the land.
As we gather momentum on the democracy highway, wisdom dictates that we do not abridge the fundamental rights of citizens, just as the latter must not operate beyond the scope of protection accorded them by such rights.
