Protesters should not violate people’s freedom of movement – Don

A human rights lawyer and Professor of Law at the University of Jos, Nnamdi Aduba, speaks to DANIEL AYANTOYE about the planned nationwide protest

Some groups have scheduled a nationwide protest for August 1, 2024. What is your assessment of the situation?

Is there a way we can have a structure like that of the United Kingdom, where they have a particular square where people usually go for demonstrations? We can have such places in each of the states where people who want to demonstrate or protest can go. Just like when political parties are doing their campaigns, they set up structures with equipment and speak about their grievances to the government. Why that thought came into my mind is simply that with digitalisation, what do you want to express? You want to express dissatisfaction with what is happening, which will be publicised by the press showing your largeness in number. I think this structure of protest will be good because it will be orderly and you will be easily protected.

We know our cities are not properly planned and we have people who have their businesses by the roadsides. So, if you have a large crowd doing a procession, it is going to violate the rights of others. Businesses will be disrupted and vehicles will be obstructed because of your protest, thereby affecting those going to their office.

Instead, can we have this demonstration in a particular place? It will allow the police to properly make provisions for the security of the protesters since it’s going to be a peaceful demonstration. All you want the government to know is that you are angry and you want the press to cover you. All these can be done in a definite location and not the streets.

How do you react to the claim by the police in the past that protesters should seek permission before engaging in protests?

There is no way. Cases after cases have said you cannot have a right and then take permission from the police to go and demonstrate. Freedom of association is there. You are free to associate with whoever you like to associate with. So, you cannot stop my demonstration by saying I must get a permit. However, you must also not violate other people’s freedom of movement because of your protest. There is no right that is absolute. As you have the right of movement and association, other people also have their rights. If you are using the road, others also have the right to use the main road.

The protest is anchored with hashtags like #EndBadGovernance, #TinubuMustGo, and #RevolutionNow2024, and these have been tagged as an anti-government move. Do you think this is timely despite some efforts made by the Tinubu-led government?

What is timely? When is it time for you to express your anger? Is it not when you are feeling it that you express it? So, a question of time for me doesn’t come in. What I am arguing for is simply about the fear; will it be orderly? I was listening to Femi Falana this morning (Wednesday) and he was saying that in the cases that have been decided, the police must protect those who want to protest.

They (police) are duty-bound to protect citizens and enable them to exercise their freedom of movement and association. When you say it will be peaceful, you can demonstrate peacefully. If that demonstration is going to lead to the breakdown of law and order, then you have passed the boundary.

There is a growing concern that there could be a possible hijack of the planned peaceful protest. This is one of the fears of the Federal Government. What is your take on this?

The weakness of that argument is that from experience, we have seen that it is the government of the day that instigates that breakdown. During the #EndSARS protest at Lekki, everybody was watching, were the protesters carrying anything? They were playing, having fun, enjoying themselves until the government interfered. Why will you now carry soldiers with live bullets?

Even the ECOWAS Court has found Nigeria guilty. It was a peaceful one. You saw people who were waving Nigerian flags and then you shot them. One happened in Kenya and they had said it would be probed. You saw somebody who is running away, and you shot him from behind with your live bullet. Did he constitute a threat to security? The answer is no. So, why should you shoot him dead?

The Minister for Federal Capital Territory recently said the planned protest was politically motivated and that it is coming at a bad time. Do you agree with him?

There is a weakness in the argument by people in government, especially the President himself. When Jonathan was in power, did they not demonstrate? Most of the people who are now arguing against these people wanting to demonstrate are the architects of demonstration when they were not in power. So they lack the morals.

Bayo Onanuga and others, who are talking now; ask them, when the South-West was not in power, were they not demonstrating? Was it not the capital of demonstration then? So, why are you now reading meanings into a decision of people to demonstrate? It is because the normal channels of communication have collapsed, that is why the public is responding through the unorthodox one.

Meanwhile, just as I said, anyone demonstrating should do so without destroying people’s shops, and property. You are going to shout; we’ve had enough. So, you need to be organised in doing so. What I think the government should do if they are suspicious is to bring out the police and military, but they must know that this is not a war; security agencies should protect. Why are we paying our security services? Even if it is war, why are we paying them if it is not for them to protect us when we are exercising our rights?

Are you saying the Federal Government should not stop the protesters?

The problem is that people don’t like doing their work. Don’t we have security operatives? These people who want to demonstrate, are they spirits? When they did EndSARS, didn’t we see them? Is it the first demonstration in this country?

But the thing now is that the organisers of the protest have become faceless, perhaps afraid of being picked up by the DSS and other security agencies.

It is a sign of a weak state. How can they be faceless now when our telephone is functioning? I know when the Nigeria Police want to sincerely do their work, within 24 hours, they will tell the leaders of all these groups. For you to tell me that the government doesn’t know who is who is a lie. The problem is that we are never honest in this country.

Who told you that if the government is serious, they will not pick up what we are saying? People should do their work. What we should learn is that democracy has its costs. If anybody is running a democratic government, you must be patient with the public. When they are angry, you must allow them to show their anger legitimately.

The President’s aide, Bayo Onanuga accused supporters of the presidential candidate of the Labour Party in the 2023 general election, Peter Obi, of being behind the nationwide protest. Do you think that was necessary?

I heard that he has been sued. He will go and prove his claim in court. You cannot say because you are working for the government, you can accuse people of just anything. Pat Utomi said he should tender an apology, and that he was not in Nigeria. Don’t people have a right to freedom of expression and association anymore? Is Onanuga a security expert? Don’t we have the DSS? Does being an information strategist make him the chief security officer of the country?