Police officers have received backlash from eminent Nigerians, following the nationwide protests that rocked the nation yesterday. Some ...
Police officers have received
backlash from eminent Nigerians, following the nationwide protests that rocked
the nation yesterday. Some officers have been accused of brutish assault and
manhandling of protesters who stormed the streets seeking for the disbandment
of the Special Anti-Robbery Squad, SARS, in the country.
First, the presidential candidate of the Peoples Democratic Party, PDP, in the
last general elections, Alhaji Atiku Abubakar, faulted the officers actions
towards the peaceful protesters, calling on relevant authorities to ensure the
protesters are heard. His words: “I woke up to the peaceful #EndSARSProtests
going on in Lagos and other cities in the country. First, I would like to
commend the tenacity of our brave youths who have stayed out on the streets all
day and night to make their voices heard. I stand with you all. Protests are an
essential part of any democracy as we have seen the world over, and should be
seen as an opportunity for dialogue between our people and our leaders. Thus,
it is essential that the fundamental rights of Nigerians to freedom of assembly
and freedom of expression must be protected at all costs. I strongly condemn
any disproportionate use of force on protesters across the nation. I also call
on the relevant authorities to ensure our youths are heard, and all incidents
of excessive use of force by security agencies against protesters are
investigated.” Suffixing to this, the former Senate President, Bukola Saraki,
said the aggression meted out on the protesters is condemnable, noting that
Nigerian leaders ought to listen to them and engage them on matters concerning
their wellbeing. His words: “The reports of the aggression meted out to young
Nigerians protesting the high handedness of rogue units of the Nigerian Police
Force are deeply disturbing. Leaders of our nation ought to listen to and
engage with our youth on matters concerning their wellbeing. I hope this
approach changes soon.” Supporting them, a former Aviation Minister, Chief Femi
Fani-Kayode, opined: “The brutality and murderous tendencies of some SARS
officers is self-evident. This is regrettable and unacceptable. SARS must
either be reformed, made to operate within the law and made to guarantee the
human rights of every citizen or they must be scrapped. #EndSARS” Also
condemning the maltreatment of protesters, the Socio-Economic Rights and
Accountability Project, SERAP, listed the limits of Police powers in the
context of peaceful protesters in Nigeria: Below is there position: “The right to
protest is a fundamental human right [and part of freedom of expression and
Nigerians’ right to participate in the fight against corruption] guaranteed by
the Nigerian Constitution 1999 [as amended] and human rights treaties to which
the country is a state party. The right to peaceful protest limits police
powers under the Nigerian Constitution 1999 and human rights treaties to which
Nigeria is a state party including the International Covenant on Civil and
Political Rights and the African Charter on Human and Peoples’ Rights.
Nigerians’ right to protest is guaranteed under Section 40 of the Nigerian
Constitution, Article 21 of the International Covenant on Civil and Political
Rights, and Article 11 of the African Charter on Human and Peoples’ Rights. Under
all of these legal regimes, the police cannot arbitrarily restrict Nigerians’
right to protest. The police’s main job during a protest is to protect
Nigerians’ rights and de-escalate any threat of violence. Any restrictions on
the right must be provided by law and be proportionate to one or more of these
legitimate aims namely: interests of national security, public safety, public
order, the protection of public health or morals or the protection of the
rights and freedoms of others.
There is therefore no legal basis or pressing social need to justify any
restriction on peaceful protests like #EndSarsProtests. All of the above cited
legal regimes agree that the restriction imposed must be the least intrusive
among the measures that might achieve the relevant protective function and the
onus is on the State [Nigerian authorities and the police] to justify the same.
As regards the police’s power to regulate protests, the UN Human Rights
Committee has stated that the failure of protesters to notify authorities or
seek authorisation does not render the protest unlawful. Nigerian domestic law
and jurisprudence align with this. As regard the police’s power to arrest
protesters, the mere act of participating in or organising a peaceful protest
cannot be criminalised. The police have no power to arrest anyone simply for
exercising their right to peaceful protest. Arresting peaceful protesters risks
having a chilling effect on the exercise of the right of protest and freedom of
expression. As regards the power to stop and search, police officers cannot
exercise this power without a reasonable suspicion of wrongdoing or crime. As regards
the power to disperse protests, law enforcement agencies should always first
seek to isolate and separate violent protesters from others and allow peaceful
protest to continue. Mere disruptions or failure to abide by applicable
formalities do not justify dispersal by the police. As regards the power to use
force at protests, protests should ordinarily be managed without resorting to
force. Under Nigerian law and international law, any use of force should meet
the principles of legality, necessity and proportionality. Particularly, lethal
force may be employed only as a last resort, subject to strict or absolute
necessity. The use of disproportionate force during protests may have a
chilling effect on protesters themselves and others. President Buhari government
has a positive duty to facilitate the exercise of the right to peaceful
protest. This positive duty entails inter alia allowing peaceful protests to
take place in the protesters’ desired location – even if it involves some
disruption to daily activities and is not formally authorised – and protecting
protesters from both State abuses and private interferences. President Buhari
government also has a legal duty to facilitate peaceful protests without fear
of physical violence from counter-demonstrators. The police must therefore take
reasonable steps to protect protesters from threats of disruption or disorder
from others. Protesters whose rights have been violated by the police have the
right to an effective remedy including access to justice and compensation. If
you believe your rights have been violated, contact legal aid nearest to you or
feel free to contact us at info@serap-nigeria.org”
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