Protest: A plea for caution

WEDNESDAY COLUMN BY USSIJU MEDANER

info@medaner.com, justme4justice@yahoo.com

Both the rights to speak and set out on a peaceful protest, of whatever magnitude, against a lawfully constituted government over perceived hardships by concerned citizens, is clearly embedded in our laws. No-one has the legal authority to prevent citizens from exercising that right, whenever they see reason plausible enough for it. However, like every other right, there are conditions and limitations that organisers of such protest must know, abide with and faithfully adhere to. Once these are fulfilled, the state is equally mandated to accept the protest, and as much as possible, provide adequate security for the protesters, while consciously staying civil in its treatment of the protesters and the overall response to the protest.

In the past weeks, our media and streets have been in a frenzy mode in anticipation of the planned protest, apparently with non-ending discussions of the subject matters. So much has been said and written about it from various perceptiveness. Today, I have the urge to offer my second contribution to the pressing issue by talking straight to the organisers; though, till now, they remain unknown. I will also have some words of advice to the innocent citizens who would be pulled and pushed to storm the streets in response to the call from the anonymous organisers and as well as the government, upon whom, all eyes are on, to see the nature of responses to the planned protest.

To the unknown organisers, let me start with you. It is obvious you have been inspired by events to take the action path you have chosen, but it is important you recognise that beyond the inspiration, you must recognise also, the binding legal requirements for organising as well as partaking in a protest in the country. This is important to make sure that both you and your co-protesters do not legally end up as inmates in some correctional service centre. It is absolutely important you look at your own legal exposure, both criminally and civilly.

We have taken a recent lesson as a nation on what protest is not. The ENDSARS left us with gory tales of destruction and violence. And today, every patriotic Nigerians, including the government, are apprehensive, not because we are scared of a peaceful protest, but because vivid antecedents have taught us to be wary of what the anonymous organisers are capable of. The mammoth destruction, the outright blackmailing of the government with sordid stories, graphics and rhetoric of killed protesters that could not be identified till date. The protest has not started, but unknown gunmen have been ravaging the entire Eastern states for a while now; and there have even been reported threats of these particular non-state actors, to visit Lagos state to aid their resident Igbo brethren to fight the indigenes. Just yesterday, they struck again killing five police officers and an innocent POS operator in Anambra State. Aren’t these the same people who would populate the rank and file of the protesters? We are providing an easy killing field for people who are already sworn to destroy Nigeria. The bandits would probably join as well. Street thugs would have easy days looting shops and rendering shop owners worse than they have been.

Two things are obvious. One is that the organisers are projecting the same outcome; create violence, force the security apparatus to respond and commence a new global propaganda of human right abuse by the government for the rest of the administration. The second is the government’s specific response if and when the protest stops being peaceful as it should be. And that is a fact. We cannot allow for whatever reason, a repeat of the planned violence and destruction, masked as a fight against police brutality which we witnessed a few years ago.

Boiling up sentimental rampage against the government when arrests are made and participants of the protest are facing legal litigations, would not suffice, as ignorance is not tenable before the court.

So, I am sure the anonymous organisers are well aware that they must apply for and receive permits from necessary government agencies across the states and the Federal authority before embarking on any protest. The moment your protest would include a certain number that goes from a few tens to hundreds of protesters, and you will be blocking sidewalks and street traffic, getting a permit is a must, otherwise, your actions would become illegal and treasonable. You must provide and publish the goals, objectives, and a statement on applicable laws on rights and responsibilities of protesters and a policy statement on peaceful protest to show that you are fully aware of all the implications of your actions.

And it is obvious you cannot apply for permits without submitting names of sponsors and those who would be held liable in case the protest turns violent. You cannot remain masked. Perhaps, because your personal motives for the protest varies from the masses’ expectations and your personality would expose the devilish projections, you think you can weaponise the current hardship in the country and your financial wardrobe to create chaos that would benefit only you and your cronies, while the condition of the innocent people you are using further impoverished.

Exposure to Civil and Criminal Liability

I also want to assume that you are aware that if the protest you are about to organise turns violent or destructive, as the organiser or organisers as the case may be, you could be facing civil and criminal liability. If your protest turns to riots, or violence or intentional property destruction or killing of people, regardless of public sentiments, serious charges would definitely be pressed accordingly. This is a norm. We are all following the charges against the convictions and sentencing to jail of countless participants in the USA Capitol protest which turned violent. We also saw the recent sentencing of five protesters in the UK for a minimum of five years each for their roles in a protest that turned violent in the country. In your case, if it goes out of control, no American or Britain would save your head afterwards.

It is important that you also know that you will be responsible for everyone that shows up to join your protest. You owe it to all of them to provide a safe environment for them. If it is established that your actions or inactions created an unsafe environment, or organising a protest in an area with dangerous conditions, you would also be liable for the negligent injuries of protesters. Being conscious of these legal liabilities, it is advised you return to the drawing board to decide if you are actually ready to march out as planned.

Now, to the Nigeria citizens, who may troop out to answer the unpatriotic call for the untimely and ill-motivated protest, have you ever, in the history of our democracy, see a government as responsive as the current Administration? I am not going to list achievements, but only in the last week, we have seen responses to tenable demands in that list. We have seen a president coming out to offer assurances. We have seen a president taking the hard decisions that are impacting his acceptance in the interest of the nation. What would it cost us to give him time, support him as patriotic citizens? We have seen the just announced game changing intervention of the president that would allow the Dangote refinery to be buying Nigeria crude in Naira, refine and sell to Nigerians, solving two problems with one throw; strengthening the naira and also guaranteeing drop in pump price of PMS,  Kerosene and Diesel in the local market.

This man, this president is just a year in office. Yet, he has outperformed all others before him. The policies may be laced with hardships but obviously they are in our own interest. What part are we all also playing? Aren’t we all corrupt at our corners? Don’t we all look for opportunities to beat and cheat the system? We bypass electricity meters to avoid paying bills, we jump traffic lights, we are truants at our workplaces. We are the civil servants who implement presidential policies, we are the ones repackaging palliative rice for sale. We are the ones inflating prices of foods in the market arbitrarily to enrich ourselves at the expense of the masses. Or what concerns dollars with yam price, with garri price or pepper price? We are the ones singing praises of the governors, senators, members of the House of Representatives and others who impoverish our commonwealth, but are crucifying a single man because he is the president and we don’t like him. We are the bad citizens craving for good governance.

It is quite funny that we all listened to Nnamdi Kanu’s order during the ENDSARS outing, instructing his foot soldiers to burn down police stations, collect guns, destroy properties, and yet, we are here today, protesting the non-release of the same man as bad governance. It is obvious  we are saying we support the destruction that characterised ENDSARS and validate Kanu’s role. Yet, Tinubu is bad.

Now, to the present government. This is a critical and delicate period that will test your legitimacy and capacity as an administration. I am sure President Muhammadu Buhari got intelligence report that the ENDSARS protest was planned to be violent and wreak havoc and that prompted him to respond immediately by disbanding the SARS apparatus on the second day of the protest, yet the organisers couldn’t stop because they had a target to deliver to their real sponsors. President Bola Ahmed Tinubu has begun responding similarly and yet, the masked organisers are only increasing the tempo.

My advice would include the following. The president must be clear in his recognition of the right of the people to protest and he must unequivocally state it to Nigerians. He must let everyone know that he is a believer and an ardent participant in worthy peaceful protests. And he must live his words by giving a direct order to all security apparatus to protect all peaceful protesters as much as possible, within the ambit of the law of Nigeria. But in the event that the protest turns violent and destructive as feared in many quarters, the president must not waver in his decision to respond appropriately.

In the event of a violent eruption, the security authorities must be professional enough to obtain tenable evidence and respond in accordance with the standard rules of engagement. All apprehended culprits must be treated to the full extent of the laws of our country without sentiments and biases.

It is also important for the government to know that even when protest is not the way for Nigerians now, the fact that the citizens are suffering is not debatable. The government must again, rise up and continue addressing the causative factors of the economic and security challenges facing the country. The recurring promises of the state owned refineries becoming operational must have to end. To show commitment to wanting to ameliorate the citizens’ sufferings, the government should address the political sabotage that continues to keep those refineries moribund, despite continuous turnaround maintenance and capital wastage.

The CNG program which is expected to augment fuel supply is too slow to gain traction with the high expectations from the masses. The government should accelerate the program to roll out mass transit buses running on CNG in large numbers across all states of the country. We can afford to close our eyes and subsidise CNG retrofitting for as many as half of all private cars in the country over a period of two or a few more years, while we educate commercial buses to devise a way to accommodate luggage so they can transit to CNG as an economic fuel of choice.

Another thing the government would have to do to help the suffering masses is to consider and step up efforts to control market prices for all essential products and services in the country. Marketers and middle men for a long time have been are taking undue advantage to enrich themselves by fixing arbitrary prices for products. This has to stop.

If we can get these responses from the government, we will be good as a people and a nation. I am going to end with these words; remember ENDSARS and learn. Ask yourself, who are the people pushing me to the street? What is their main interest or motive? Be wise and choose your actions wisely.

God bless the Federal Republic of Nigeria.