The Centre for Human and Social-economic Rights (CHSR) has cautioned the National Assembly against the alleged move to criminalize protests.
The National President, of CHSR, Mr Alex Omotehinse, gave the caution at a news conference on Tuesday in Lagos.
Omotehinse said that activists rejected the bill sponsored by Emeka Martins of the House of Representatives(PDP-Imo), prescribing a five-year jail term for unlawful protesters in Nigeria.
He said that the bill had been passed for the second reading by the lower chambers of the national assembly.
Omotehinse said that CHSR, as an NGO was registered to defend, sustain, and promote the fundamental human and socio-economic rights of citizens and residents in any part of Nigeria as guaranteed by the constitution.
The activist said: “National Assembly should stop further deliberation forthwith on the obnoxious bill to criminalize 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 fight against poverty, etc which are the critical challenge Nigerians are facing at the moment.”
Omotehinse said that the right to peaceful protests is the common indicator of expression of freedom of expression under democracy.
He said: “Right to peaceful protest is guaranteed under the Nigerian Constitution and as well as a regional and international convention to which Nigeria is a signatory.
“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.”
According to him, 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,” he added.
Omotehinse said that 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.
He said that 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 the pains and anguish that became the price paid by those who championed the cause of democracy through peaceful protests.
“The last two decades under democracy has witnessed deliberate but futile attempts by enemies of democracy in the position of authorities to undermine the right to peaceful protest through the abuse of state power or undemocratic legislation,” he added.
Omotehinse said that the latest attempt to criminalize protest by the national assembly was indeed a reflection of the depth to which anti-democratic forces are perfecting the coup to return Nigeria to the era of dictatorship.
He said that with the huge controversies trailing the conduct of the 2023 presidential election, the resurgence of the bill to criminalize protest was no doubt an indication of the desperation to curtail freedom of expression.
He said that the bill was also to curtail rights to demand just, accountable and transparent governance by organized platforms of civil society and by extension the generality of the citizenry.
Omotehinse said that the bill amongst other “obnoxious provisions” seeks to amend the Criminal Code Act, Cap 38, Laws of the Federation of Nigeria, 2004.
He said that the amendment supposedly meant to preserve the sanctity of human life and property and to provide specifically for the crime of mob action, prescribe punishment, and other matters.
“CHSR views the provisions of the bill as a deliberate attempt to criminalize peaceful protests and cow Nigerians into further submission under the guise of protecting public property.
“We view strongly that the right to peaceful protests which is guaranteed by the Constitution has been subjected to grievous attacks by this vexatious bill and must therefore be vehemently rejected by Nigerians.
“CHSR believes that the bill is borne out of the desire to cow Nigerians into submission by those who detest resolve by Nigerians to organize around issues of interest and demand for genuine change through peaceful protests,” he said.
He said that the bill was to suppress protests and silence critical voices in the society.
According to him, the bill portends danger to democracy and is therefore deemed retrogressive and reprehensible by all genuine platforms of Nigeria’s civil society.
Omotehinse said: “It is imperative to assert that the right to peaceful protest intersects with citizen’s desire to be freed from all forms of oppression including deprivation and marginalization.
“Democracy guarantees that everyone should be free to protest and without any form of inhibition or codified threats by way of ambiguous legislation.
“Nigerians must be allowed to exercise their right to peaceful protests as enshrined in the constitution of Federal Republic of Nigeria, African Charter on Human and Peoples Rights as well as Universal Declaration on Human Rights.”
