Lawyer writes IGP, cautions police against disrupting protest

A human rights lawyer, Inibehe Effiong, has asked the Inspector-General of Police, Kayode Egbetokun, to ensure that Nigerians taking part in the forthcoming protest are protected by the country’s security agencies.

Mr Effiong, in a letter to the IGP on Friday, contended that peaceful protest was not against any law in Nigeria.

The protest

Some Nigerians are planning to embark on a nationwide protest against economic hardship and insecurity.

The protest is billed to take place from 1 to 10 August.

The Nigerian security agencies have asked Nigerians to shelve the protest and vowed to stop it.

‘Protest backed by Nigerian laws’

Mr Effiong, in the letter, told the IGP that he and members of his law firm, Inibehe Effiong Chambers, were writing in response to reactions and plans by security agencies including police to thwart the proposed protest.

The human rights lawyer drew the attention of the police chief to Sections 39 and 40 of the Nigerian constitution which guarantees the right of Nigerians to freedom of expression, assembly and association.

“If as speculated by law enforcement agents that breach of the peace would occur, our criminal code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society,” he said.

Mr Effiong also reminded the IGP of Section 83 (4) of Nigeria Police Act 2020 as well as Section 91(3) of the Electoral Act, 2022 which he said require the police and other security agencies to mobilise and provide security for any “meeting, rally or procession” the organisers notified the police about.

He also referred Mr Egbetokun to a 2008 judgment in a case between IGP and All Nigeria Peoples Party in which the Court of Appeal upheld the rights of individuals to protest without impediment.

‘Protect protesters; attacking protesters is illegal’

Mr Effiong then urged the IGP to ensure that the police do not “intimidate or disrupt” the protest, given that such action will be in violation of the law.

“We request that you issue a directive to all commissioners of police across the states of the federation and Abuja, and all relevant departments under your supervision to provide adequate security for the protesters, as they will be exercising their constitutional rights.

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“The role of the police is to protect and facilitate the exercise of constitutional rights, not to suppress or stifle them.

“Any attempt to the contrary will be unconstitutional and a violation of your oath of office. We urge you to refuse any invitation to trample on the democratic rights of the protesters. It is imperative for you to demonstrate your commitment to the rule of law,” he said.

Continuing, Mr Effiong said: “We are minded to also remind you of the provision of Section 4 (a) of the Nigeria Police Act, 2020 which states that one of the functions of the police shall be to protect the rights and freedom of every person in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights and any other law.

“It is also needful to restate that attacking, shooting, tear-gassing or dehumanising the citizens in any form by law enforcement agencies are criminal offences under the Anti-Torture Act, 2017.”