The Right to Protest- A Review of the Law and Empirics in Nigeria

Osatohanmwen Eruaga*
Protest, a phenomenon that has existed since time immemorial is the open challenge of an
existing or proposed social structure, official policy or course of action by members of the
society holding a contrary view to that which is dominant or proposed. In the recent years the
importance of protest as a tool in shaping the political course of sovereign states has been called
to question as a result of the actions of various governments in dealing with protesters in their
States, which have been regarded as grave violations of these protesters as humans. A case which
readily comes to mind is the surge of protests which began in Tunisia and swept through other
Arab countries in the wake of 20111 that left hundreds killed and several others maimed.
This chapter seeks to examine the concept of protest and whether there exists a legally
recognized right to protest. This would be achieved by considering the existence or otherwise of
the right to protest generally and subsequently, further narrowed down by an examination of any
Nigerian law on the concept.
What Constitutes Protest?
Protest is defined in the Blacks law Dictionary as a formal statement or action expressing
dissent2. B. Martins3 rightly states that an aura of actual or potential violence commonly
accompanies media presentations and popular perceptions of protest. But in reality, is this
1 These protests, popularly known as the Arab awakening was responsible for ending dictatorial rule in
Tunisia, Egypt and partly responsible for the removal of the head of the Libyan government.
2 B Garner (ed.) Blacks Law Dictionary, 7th Ed.
3 Brian Martins, Protest in a Liberal Democracy (1994) 20 Philosophy and Social Action 13, 13

always the case with protests? Addressing the general perception that protests are violent and of
a rowdy nature, one cannot but agree to an extent that there is a tendency of protest to become
violent and disrupt public order especially since there is a possibility of such protests being
hijacked by miscreants. Sometimes, it is the palpable tension that exists where security forces are
deployed and are on standby to handle protests that get out of hand, that raises the possibility of
violence as it is perceived by protesters as government not being open to public criticisms. Be
that as it may, protests must be seen to include peaceful communication of views and ideas
whether in a rally against a particular policy, a static demonstration, sit-ins, or a signed petition
by a number of people published in a newspaper, airing their grievances against a particular
policy.
Some difficulty arises in trying to delineate what exactly is covered under protest. There are
some widely accepted actions which are regarded as protests- marches, rallies and static
demonstrations, sit-ins, disruptive actions both of a violent and non-violent nature. 4 The
difficulty arises in what are considered borderline action/inactions. For example, can we
distinguish protest from the political manifesto of an opposition party during election campaigns
or rallies? When does the opinion of a journalist move from the realm of being a critic of a
particular policy of government to protesting against the same policy? How about the action of a
government staff blowing the whistle on the workings of a particular government policy which
he is not in support of? In conceptualizing what protest is all about, four core elements have been
recognized.

4 H. Fenwick provides and explains a more complex categorization of protest in The Right to Protest,
the Human Rights Act and the Margin of Appreciation MLR (1999) 62 491, 494

Protest in the sense with which we are concerned must be politically participative. It indicates a
deliberate choice to influence policy or affect a social structure by being proactively involved in
the issue5. This would help draw a distinction, albeit a very slim one, between protest and mere
opposition which connotes not being in support generally of a government policy but not
constructively involved. A journalist who through his writings or a playwright who constantly
caricatures the government in his plays can at best be seen as expressing mere oppositions to
government policies and not necessarily protesting. The distinction between the two can hardly
be sustained at all times and in my view, mean the same when some indication of proposing an
alternative to a policy, however slight is included The concept of protest in itself should be seen
as opposition and a combined intention of positively seeking a change in the law or policy.
Again, protest as registering concerns that are politically participative, would encompass in my
view, a march or rally in support of a government policy that is being proactively opposed- in
other words, a protest against a protest.
Secondly, protest is usually in the public domain, directed towards a body that can make a
change; the government, the parliament or even a multi-national company whose modus
operandi are considered as affecting the social structure. The essence of protests consequently is
to make it a public forum as opposed to complaints or actions done in private a mere expression
of ones opinion on a particular subject.
Flowing from this is the third element of protest which is that the subject-matter of the protest
has to be of wider concern rather than being primarily peculiar or more important to a single
individual. Undoubtedly, individuals do mount campaigns that seek personal improvement but at
5 D Mead, The Law of Peaceful Protest Under the European Convention on Human Rights (2007)
E.H.R.L.R 345, 349

the same time, they serve as catalysts for social improvement on a wider scale 6the jobless
Tunisian Mohammed Bouazizi, setting himself ablaze in public protest after police confiscated
his street stall7, Moshen Bufereti, doing the same in Algeria 8 served as the catalysts for the
protest by youths over the high level of corruption, poverty and unemployment in Lybia and
Algeria respectively
The last element is that protest is about airing grievances and as such runs outside established
party structures. It may involve some form of planning and may be instigated by an established
group- for example, trade unions going on strike over a hike in pump price of petrol in Nigeria.
But the protest itself is a temporary arrangement that disappears as soon as the grievance is
addressed9. This takes out the rallies conducted or assemblies of political parties, or sharing
leaflets to ensure the election of an opposition candidate in the next elections clearly out of the
ambit of protest to more of political participation of an assembly or gathering to express an
opinion of choice and not airing a grievance that can be addressed by the government of the
day.10

6 Ibid
7 -- Arab Spring: timeline of the African and Middle East rebellions The Telegraph
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/8839143/Arab-Spring-timelineof-the-African-and-Middle-East-rebellions.html last accessed 10/05/12
8 -- Algerian Man sets himself on fire, echoing Tunisian Man The Globe and Mail <
http://www.theglobeandmail.com/news/world/africa-mideast/algerian-sets-himself-on-fire-in-protestechoing-tunisian-man/article1872076/> last accessed 10/05/12
9 The author is not unmindful of the fact that protesters do not always get the result they desire as such
the word addressed here is used loosely to mean that the protesters have their grievances expressed and
registered by the appropriate authorities.

The most glaring reason why protest is accommodated in most societies is the close linkage
which it has to the freedom of speech and expression, for which the jurisdictions inclined to
recognizing protest provide for. Public protest provides a means by which speech may reach or
affect a wider audience.
Another significant justification, according to Fenwick 11 for the recognition of public protest is
that it provides platform whereby freedom of speech, rights of certain groups such as those
marginalized or disadvantaged or minorities can be expressed, thus serving as an access to fair
media exposure. Impoverished members of such groups may be able to band together to chant
slogans, display placards and banners and demonstrate in other to make their views heard and the
interest of minorities of the society may be safeguarded within that process, by persuading
sufficient numbers of people to sympathise with causes which do not directly affect them.
The Right to Protest as an Internationally Recognised Right
Protesters, as a result of not being able to come close enough to the government agency or body
taking certain decisions, resort to alternative means of registering their dissent in the hope that
their reasoning may be considered. This position, Martins in his article opines arises because the
dominant bodies of government are biased towards their own established goals12and citizens in
signifying their desire to be heard, help to establish a balance in government and consequently,
growth of an open democracy. Whatever the case that causes the need for protest to arise in any
10 In the study conducted by Mead, he considered minority MPs fighting vested state interests or
political officials calling for the election of avowedly anti-government MP as protest. See David Mead,
(fn 3)
11 H Fenwick (fn 5) 493
12 Brian Martins (fn 2)

State, the spectacle of large crowds camping in the streets of major cities 13, or parliamentary
buildings14in order to demand their opinions be heard has become common on television screens
in the last few years. The monumental role played in shaping the course of history in so many
States cannot therefore be disregarded15. Admittedly, not all protests effect the desired change but
they help to call attention of the government and sometimes, the larger international community
to the concerns of a dissatisfied group. It has generally been accepted, especially in States
practicing some level of democracy that protests are essential features of any government as they
bring to fore, these opinions in such a way that they cannot be ignored as such there is a positive
recognition to the right to protest, either by specific legislation in some States 16 or as generally
acceptable standard through the recognition of other rights17 as discussed subsequently. It is
almost always the case, if not always, that the States that recognize protest as a veritable tool do
so only for peaceful protest. Unfortunately, other States, especially those that do not practice

13 as was the case in Lagos, Nigeria, during the protest against the hike in pump price of PMS.
Nigerians Protest fuel subsidy removal < http://www.thisdaylive.com/articles/nigerians-protestremoval-of-fuel-subsidy/106373/> ;ast accessed 10/05/12
14 As was the case in London on March 22 1983during the Campaign for Nuclear Disarmament march
which brought the capital to a standstill with over 200,000 protesters.<
http://www.telegraph.co.uk/expat/expatpicturegalleries/8168204/Famous-British-protests.html?
image=5>last accessed 10/05/12
15 In the Saint Dominque, protests by slaves led to their emancipation from their owners, In United
States, protests enabled the extension of franchise to black minorities, curtailed exploitation of workers
and enabled the entrenchment of womens rights.
16 Section 17 of the South African Constitution provides expressly that every individual has a right to
protest.
17 The Human Rights Act of United Kingdom is recognizes the right to protest through the combined
rights of Art. 10 and Art. 11

democracies such as China18, recognize protests as problematic and try to control it in ways that
ensure suppression at the slightest incline of protests
There is no current single international instrument that expressly provide for the right to protest
but it is accepted both by International and Regional standards19, that it is encapsulated in and is
indeed a manifestation of the internationally recognized rights of freedom of expression and
opinion and freedom of assembly. These rights combined together have been recognized by the
European Convention of Human Rights (ECHR) in numerous cases as fundamental and
foundational in any democratic society20. The provisions of Art 19 and 22 of the International
Covenant on Civil and Peoples Rights (ICCPR) provides as follows:
Article 19
1. .

18 Although the Constitution of the People's Republic of China asserts that "citizens of the People's
Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and
of demonstration." In practice, however, the practice of these rights is tightly proscribed, generally under
the auspices of maintaining social stability which amounts to a wide discretionary power on the part of
the government.
19 For example, International standard can be found in Art. 19, Art. 20, Universal Declaration on Human
Rights, For Regional standards, see Art. 9-11 of the African Charter on Human and Peoples Rights Art.
10 and 11, European Convention on Human Rights, 1950
20 See Christian Democratic People's Party v Moldova (App. No.28793/02), judgment of February 14,
2006 < http://cmiskp.echr.coe.int/tkp197/view.asp?
item=1&portal=hbkm&action=html&highlight=Christian%20%7C%20Democratic%20%7C%20People
%27s%20%7C%20Party%20%7C%20v%20%7C%20Moldova&sessionid=97781032&skin=hudoc-en>
last accessed 10/05/12; Christian Democratic Peoples Party v Moldova ((Application no. 25196/04)
Judgment of February 2, 2012 < http://cmiskp.echr.coe.int/tkp197/view.asp?
item=2&portal=hbkm&action=html&highlight=Christian%20%7C%20Democratic%20%7C%20People
%27s%20%7C%20Party%20%7C%20v%20%7C%20Moldova&sessionid=97781032&skin=hudoc-en>
last accessed 10/05/12

2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless
of frontiers, either orally, in writing or in print, in the form of art, or through any
other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of
public health or morals.

Article 21
The right of peaceful assembly shall be recognized No restrictions may be
placed on the exercise of this right other than those imposed in conformity with
the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
Freedom of expression is protected in article 19 (2) with respect to "information and ideas of all
kinds. It entails the liberty to speak on and disseminate information on any item without any
form of hindrance except by law. This implies that every communicable type of idea,
information, opinion, news, advertising, art, critical political commentary, etc. falls within the
scope of protection, including expressions of feelings. The expression of ideas may be oral,
written or printed. In the report of the UN Special Rapporteur, Mr. Abid Hussain, pursuant
to Commission on Human Rights resolution21 it is stated that freedom of expression is central to
the competition of the market of ideas by individuals in the society and it is impossible, in view
21 Promotion and protection of the right to freedom of opinion and expression: Report of the Special
Rapporteur, Mr. Abid Hussain, pursuant to Commission on Human Rights resolution 1993/45.
E/CN.4/1995/32, pg 9

of the wording of article 19 as a whole, to attempt to exclude undesirable opinions or

expressions, solely by restrictively defining or interpreting the scope of protection offered by
article 19 (2). The ECHR in Castells v Spain 22 recalled that freedom of expression constituted
one of the essential foundations of a democratic society and one of the basic conditions for its
progress; it was applicable also to information or ideas that offended, shocked or disturbed
such are the tolerance and broadmindedness without which there is no "democratic society."
The term assembly can be broadly referred to as an intentional temporary gathering of several
persons for a specific purpose, including peaceful protests and demonstrations in public areas,
public and private meetings, processions and marches, with a variety of different purposes. 23 The
right to freedom of assembly is understood as the right of organizers to prepare and conduct an
assembly as well as the right to have other persons participate in such assembly. 24 Clearly, the
right to protests that arises from these provisions are those of a peaceful nature since Art.21
recognize only peaceful assembly. However, it is submitted that the term peaceful assembly
relates to the manner in which the assembly is conducted and not aimed to regulate the content of
the opinions expressed. Support for this submission can be found in the corresponding Article to
Art. 21 in the American Convention on Human Rights25 which provides that the right of
peaceful assembly without arms is recognized. The essence of this distinction between the
22 (1992) A 236/ 14 EHRR 445
23 -- Freedom of Association International Service for Human Rights (Human Rights Defender
Briefing Series 2009) 9
24 Ibid, 10
25 Art. 15, American Convention on Human Rights, 1969
http://www.wunrn.com/reference/pdf/American_convention_Human_Rights.PDF > Last accessed
15/05/12

manner of conduct and the content of the opinion expressed lies in fact that States are not
allowed to disperse an assembly on the grounds that it does not like the opinion expressed by the
individuals involved in the assembly. Again, assemblies that lose their peacefulness at some
stage are not covered by Art. 21, from the point they lose the characteristic of being peaceful and
can be legitimately dispersed, despite the content of the opinion being expressed.
States who are parties to these international treaties thus have an obligation to ensure that that
their citizens are allowed to express their grievances. This obligation is recognized as two-fold:
refraining from interfering with the exercise of the right and protecting a peaceful assembly that
is threatened by violence. Due to the fact that the exercise of the freedom of expression and
assembly or indeed any other right guaranteed might result in the violation of the right of others,
the exercise of the freedoms carry recognized special rights and responsibilities as expressed in
Art. 19(3) and Art.22 respectively- for the protection of the rights of others, national security,
public morals and order. The principle of proportionality in the process of establishing whether
any limitation of the right should be applied is very necessary. In this respect, the general rule is
the protection of the freedom as guaranteed and restrictions of such freedom should be an
exception to the rule. The Iserali Supreme Court in relation to the principle of proportionality in
Saar v. Minister of Interior and Police 26 noted that a balance must always be struck between
the interests of citizens who wish to hold a meeting or procession and the interests of citizens
whose right of passage is affected by that meeting or procession. Just as my right to demonstrate
in the street of a city is restricted by the right of my fellow to free passage in that same street, his
right of passage in the street of a city is restricted by my right to hold a meeting or procession.
The highways and streets were meant for walking and driving, but this is not their only purpose.
26 1979) 34 (II) PD 169, 177-78 per Barack J.

They were also meant for processions, parades, funerals and such events In this vain, the
restriction may not be applied in such a way that the expression of an opinion on any particular
matter is stifled, without attaining one of the mentioned purposes in Art. 19(3), Art. 22 or
corresponding provisions of other instruments.
It has been argued that the non-existence of a specific legal instrument on the right to protest and
how they should be dealt is a disadvantage to the international community and to protesters
because the other rights are not absolute and can be opposed by States as they deem necessary,
amounting to the abrogation of the right in the long run27. While State are allowed to derogate
from the rights that combine to ensure the existence of the right to protest, such derogation must
be one that is prescribed by law and is necessary28.Art. 5 of the ICCPR provides
Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act aimed at the
destruction of any of the rights and freedoms recognized herein or at their
limitation to a greater extent than is provided for in the present Covenant.
The General Comments by the ICCPR on Article 19, states that a reservation to the sub
paragraphs(1) and (2) would be incompatible with the object and purpose of the Covenant,
making the freedom of expression and opinion as binding on State parties as a whole. Again, it is
an established principle, even under domestic law that rights are not absolute per se and come
27 Revolution: Anarchy or Evolution? Human Rights Council(Israeli Model United Nations) 2011 <
http://www.docstoc.com/docs/98711867/?
utm_source=email&utm_medium=email&utm_campaign=2&utm_content=2606> last accessed 10/05/12
28 The Protection of the rights to free Association and Expression & The Regulation and Supervision of
Private Military and Security Companies Human Rights Council (Barcelona Model United Nations) 2012
< http://www.anue.org/cmun/cmun2012-dossier-HRC.pdf> last accessed 29/05/12

with them, the obligations to respect the rights of others. The States are therefore permitted to
make laws that protect the interests of others as well as maintain public safety and order 29. The
enactment of these laws are recognized under international and regional instruments as part of
the States prerogative. To this extent, it therefore appears that the argument raised that the nonrespect by States to protesters rights arises from the absence of a particular instrument on the
right to protest is not totally true. A specific legal instrument would at best only categorically
confirm the right to protest as a right that can stand on its own. The perceived failure of the
international community to take steps other than condemn the actions of governments to
protesters may be based on other reasons but certainly not because of the absence of an
international instrument specifically on protest.
It is not expected that States who are parties to these various International and Regional
Instruments would in domesticating same, go against the spirit and letter of their provisions
bringing one to the conclusion that the right to protest is recognized in municipal law as existing
also as a shorthand right to the freedom to hold opinion and expression and of peaceful assembly,
unless a right to protest has been specifically provided for under a separate legal instrument.

The Recognition of the Right to Protest in Nigeria.

Although there is no express provision in any legislation granting the Nigerian citizen a right to
protest, the right has become recognized in our legal jurisprudence as an evolved right that of
necessity flows from the existence of certain fundamental rights as entrenched in our

29 For example, the Regulation of Gatherings Act, 1994 of South Africa and Public Order Act, No. 491
of 1994 of Ghana both regulate the freedoms provided in the interest of public order.

Constitution. In his Independence day speech 30, Former President of Nigeria, Olusegun
Obasanjo, in referring to Nigerias growing democracy noted that democracy admits of dissent,
protests, marches and demonstrations The rationale behind this submission is that an interplay
between the expressly protected right of expression31, assembly and association32 would no doubt
climax in the expression of a personal disapproval of an act.
Section 39 provides that
39(1) Every person shall be entitled to freedom of expression, including freedom
to hold opinion and to receive and impart ideas and information without
interference.
Going further, section 40 reads
Every person shall be entitled to assemble freely and associate with other
persons and in particular, he may belong to any political party, trade union, or
any other association for the protection of his interest.
A consideration of the sections of the Constitution as reproduced above brings to the fore certain
issues. Firstly, the word expression means a particular phrase or form of words that convey the
mind or feelings of a particular person, which may be vocalized, performed or written. In the
context of a guaranteed right, the prerogative to express ones self in the manner aforesaid cannot
be derogated from even when it is contrary view from that which is the order of the day; in
30 October 1st 2005 < http://www.nigerianmuse.com/20051001120000zg/sections/importantdocuments/president-olusegun-obasanjo-2005-independence-day-speech/>
31 Section 39, 1999 Constitution of the Federal Republic of Nigeria
32 Section 40

which case, it dabbles somewhat into the sphere of a protest which has the ultimate aim of
registering and protecting ones interest. It goes without saying that the Nigerian Constitution is
superior to any other legislation in the country and it determines in formal, emphatic and binding
principles, the rights, liberties and responsibilities of both the government and the governed. 33
The exercise of the right to express ones self and the right to freely assemble to protect ones
interest are intrinsic parts of the foundation of the Constitution.
Since the right to protest in Nigeria is derivable from the right to expression and assembly
enshrined in the Constitution, can the right to protest be regarded as a fundamental human right?
In drawing the distinction between fundamental human rights and human rights, Mudiaga Odje
SAN noted :
"It follows that while all rights enjoyed and asserted by human persons may be described
generally as human rights not all human rights can be termed fundamental rights or
fundamental human rights under our classification unless they are entrenched in the
constitution34.
The essence of this distinction lies in the fact that fundamental human rights are protected by the
constitution and an action can be brought against any party including government and its
agencies, who violates the said fundamental right. Since the right to protest is derivable from
existing fundamental rights, it goes without saying that it amounts also to a fundamental human
right in Nigeria. An analogy can be drawn from the statement of Niki Tobi JCA (as he then was)

33 IGP v. ANPP [2008] 12 WRN 65,103 line 25-35

34 ODJE M. (SAN) 'Human Rights Civil, Political, Social, Economic and Cultural. Their place and
protection in the Future Political Order'.The Nigerian Bar Journal, Vol.21 No.3,1986 August p. 87.

in the case of General Oil ltd. V. Odutan35 in reference to the nature of the constitutional right
protected by section 33 of the 1979 constitution referring to the quick dispensation of justice as
part of the total fair hearing package and since the right to fair hearing was a constitutional
provision, all the courts must not only kowtow it but enforce it at all times and for all times. In
the same vein, the rights of expression and peaceful assembly have included in the total package,
the right to peaceful protest. Similarly, the Court of Appeal in Ogboru V. President, CA36 stated
that no matter the seriousness a right infringed may be, the court cannot raise its status to be
that of a fundamental human right if in fact it cannot be spelt out of Chapter IV37
The Constitution jealously guards the rights of its citizens by providing that only laws that are
justifiable in the interest of defense, public safety, public order, public morality or public health
or for the purpose of protecting the rights and freedoms of other person or a properly declared
state of emergency can restrict the rights guaranteed38. The derogation from fundamental rights
can only be justified if it is carried out in accordance with a procedure permitted by law. In Isa v.
President, Federal Republic of Nigeria39, it was held that the powers of the National Assembly is
limited to make certain provisions reasonably for a specified purpose and which on the face of it
should not be intended to contravene the freedom of speech. The court was considering in this
case, the effect of the Nigerian Press Council Act on the rights guaranteed in section 39. In
35 [1990] 7 NWLR Pt. 163
36 (2007)24 WRN 187 line 5-10
37 Per Abba-Aji JCA
38 See the case of AG V. Ondo v. AG Fed. (2002) 9NWLR Pt. 772, 222 on the right of the National
Assembly to enact laws under section 45 of the Constitution.
39 (2009-10)CHR 166, 188

Yetunde Ogungbesan & Ors. V. Hon Minister of Health and Social Services,

40

Ukeje J, (as she

then was) dismissed an action by the applicant for enforcement of right to association on the
grounds that since she was employed to provide essential services, by virtue of the Trade Dispute
Essential Services Act, there was derogation in the interest of public health.
There exist several limitations in line with the provisions of Section 45 of the Constitution,
restricting to an extent, the exercise of the right to protest. These limitations are given
expressions by statutes such as the Public Order Act 41, which was enacted for the purpose of
maintaining public order42. The Criminal Code also contains sanctions against breakdown of law
and order which would apply to limit a protesters right to protest 43. These laws are to be seen
and interpreted as complementing the right to protest and could be declared as inconsistent with
the right, where they are seen to stifle or cripple its exercise. This was the position adopted by
the Court of Appeal in the case of IGP v. ANPP44.
Expression of dissent covered under Nigerian jurisprudence relates to only peaceful protest since
only a right to assemble peacefully is protected under the original right from which the right to
protest is carved out from. This submission has judicial backing in the decision of the Court of
Appeal in IGP v. ANPP where His Lordship Adekeye (JCA) noted that true democracy ensures
40 (1995)FHCLR 168, at 190
41 Public Order Act, Cap P42
42 Some sections of this Act have been declared in IGP v. ANPP (Supra fn 37) 97 as inconsistent with
the provisions of the 1999 Constitution, being that they impose limitations on the rights
43 Chapter 10, Criminal Code Act, Cap C38
44 Supra( fn 37) 97

that these are done responsibly and peacefully without violence, destruction or even unduly
disturbing any citizen and with the guidance and control of law enforcement agencies. Peaceful
rallies are replacing strikes and violent demonstration. The court stated further that the right
to protest on matters of public concern are rights which are in the public interest which should
be exercised without impediments as long as no wrongful act is done45
The Advisory issued by the Human Rights Commission46, in response to the physical assault by
police officers on protesters in the recent protest against the hike in pump price, recognized the
application of Art. 9-11, of the African Charter on Human and Peoples Rights to which Nigeria
is a signatory and has domesticated47, as establishing also the right to protest, thus buttressing the
existence and the importance of this right, even outside the ground norm. It has been stated
severally that there is no intention of honoring international obligations which has been
domesticated in a breach48as such, the rights as protected under the African Charter prevails if
there is any other statute contrary to the recognition of the right to protest.
Since the right to protest has been recognized variously as a fundamental right in Nigeria, it
behooves on the government to ensure that citizens who wish to protest are protected from
having their protests loose its peaceful character, either from unwarranted provocation from
Security agents themselves or from hoodlums hijacking the protest.
45 Supra (fn 37) 106
46 National Human Rights Commission Urges Respect for Human Rights by al with Regards t Exercise
of Free Expression, Assembly and Associated Rights, Including the Eight to Protest. NHRC Compliance
Advisory No.1 2012 Issued by National Human Rights Commission
47 Human and Peoples Right(Ratification and Enforcement) Act
48 See Abacha V. Fawehinmi, (2001) AHRLR 172, IGP V.ANPP.(supra fn37)

Conclusion.
The right to protest no doubt is recognized in the international community, even though there is
no single legal instrument providing for same. The need to suppress this right of citizens should
not arise where such protests are peaceful and do not threaten public order. States who are parties
to the various international and regional instruments are therefore enjoined to create and
encourage the platform for exercise of this right as a measure of accessing the import and
acceptability of their policies. In Nigeria it is recognized as is a right derived from Constitutional
provisions and as the Court has noted in IGP vs. ANPP, it should be allowed to be exercised
without impediments.
In order to ensure that the right to protest is adequately protected, it is suggested that Nigeria can
follow the approach in other countries such as Britain, South Africa who have guidelines or
protesters handbooks on how to conduct protest and the responsibilities and liabilities if any,
attached to conducting protests for protesters. A similar explanatory guideline should also be
made available for security agents to ensure that they play their part in balancing the rights of
protesters with the rights of other members of the society. Regular training on crowd control
techniques can also be undertaken to improve proper management of protests in Nigeria.