Rights group urges National Assembly to throw out anti-protest bill

By Ranmilowo Ojalumo

The Centre for Human and Socio-economic Rights (CHSR), a non-governmental organization (NGO) has called on the leadership of the House of Representatives to throw out the bill before it, which seeks among others, to criminalise protest in the country.

Rather than listening and treating such a bill, the group said the hallowed chamber should prioritise issues of security, electricity, education, health, corruption, empowerment, and the fight against poverty, among others which are the critical challenges Nigerians are facing at the moment.

The group made the call on Tuesday at a press conference in Lagos, saying the bill negates freedom of expression.

The controversial bill, which has passed through second reading at the green chamber, was sponsored by Emeka Chinedu Martins of the House of Representatives. He represents Ahiazu- Ezinihitte Mbaise Federal Constituency of Imo State.

The bill prescribes a five-year jail term for unlawful protesters. It also seeks to amend the Criminal Code Act, Cap 38, Laws of the Federation of Nigeria, 2004 to preserve the sanctity of human life and property, and to provide specifically for the crime of mob action, prescribe punishment and other matters.”

While speaking at the press conference, the president of CHSR, comrade Alex Omotenhinse said the provision of the bill is a deliberate attempt to criminalise peaceful protests and cow Nigerians into further submission under the guise of protecting public property, adding that the bill will subject the right to peaceful protests which is guaranteed by the constitution to grievous attacks, hence Nigerians should vehemently reject it.

Omotenhinse said “Without a doubt, the bill is aimed at legalizing police brutality by further shrinking the civil space. The bill portends danger to democracy and is therefore deemed retrogressive and reprehensible by all genuine platforms of Nigeria’s civil society. The aim of the bill is to intimidate citizens with threats of being held accountable for state-sponsored violence or orchestrated arson by those who seek to criminalise protests.

Justifying reasons the bill should be thrown out, Omotehinse said the right to peaceful protests is the common indicator of expression of freedom of expression under democracy, adding that the right to peaceful protest is guaranteed under the Nigerian Constitution and as well as regional and international conventions which Nigeria is a signatory. According to him, section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right of every person to freely assemble and associate with other persons in the exercise of freedom of expression.

He said “Throughout history, protests have been the driving force behind the most powerful social movements against injustice and institutional abuses as well as for demanding transparency and accountability from the government. Citizens across the globe organize around issues of mutual interest and deploy peaceful protests to speak truth to power; thereby inspiring people for hope in a better future.

“The struggle for democracy in Nigeria was won largely on account of the expression of the right of citizens to protest under successive military regimes. Even at the grave risks of physical harm and mental exhaustion under military rule, Nigerians remained unwavering and unbowed in the face of the dictatorial tendencies of fascists who sought to deny the right to peaceful protest with the aid of draconian decrees.

“Those elected into various political offices in Nigeria today are direct beneficiaries of the product of pains and anguish that became the price paid by those who championed the cause of democracy through peaceful protests. Interestingly, the last two decades under democracy have witnessed deliberate but futile attempts by enemies of democracy in positions of authority to undermine the right to peaceful protest through the abuse of state power or undemocratic legislation.

“The right to peaceful protest intersects with citizens’ desire to be freed from all forms of oppression including deprivation and marginalization. People subjected to inequality and discrimination on account of their age, identity, and means of survival are endangered and therefore should be allowed to exercise their right to peaceful protest. Democracy guarantees that everyone should be free to protest without any form of inhibition or codified threats by way of ambiguous legislation”.

He, therefore, called on the national assembly to throw out the bill in its entirety. “The National Assembly should stop further deliberation forthwith on the obnoxious bill to criminalise the right to protest. National Assembly should henceforth abandon the route of “undemocratic legislation” which undermines the rights of Nigerians.

“The National Assembly should demand a greater sense of responsibility and due diligence from the security agencies; particularly the police, which must be held to account for the protection of public property during protests. The hallowed chamber should prioritize issues of security, electricity, education, health, corruption, empowerment, and the fight against poverty, etc. which are the critical challenges Nigerians are facing at the moment”.