There is no justification for the continued detention of Nigerians in police or prison custody for participating in protests, whether related to the #EndSARS movement of October 2020, the #EndBadGovernance demonstrations of August 2024, or any other peaceful assembly. Sections 39 and 40 of the 1999 Constitution (As Amended) unequivocally guarantee the rights to freedom of speech and peaceful assembly. Protests serve as a legitimate means for citizens to voice their grievances to the government.
In both recent instances, citizens have protested against police brutality and the harsh economic policies of President Bola Tinubu’s administration, which have led to widespread hardship and suffering. Protesting is a constitutional right that allows people to express their dissatisfaction with those in power.
While law enforcement agencies may have reasons to detain protesters, such detentions should be limited to a few hours or days at most. The current administration, similar to its predecessor, has attempted to frame these protests as unconstitutional efforts for “regime change,” pointing to certain actions during protests as evidence. However, it’s crucial to differentiate between legitimate protesters and those who engage in vandalism or violence.
Many of the alleged regime change agitators may be linked to disgruntled political elites, while many rioters act as pawns in larger schemes. The focus should shift to identifying and prosecuting those who sponsor criminal behavior in society, such as terrorism and banditry, rather than targeting ordinary citizens expressing their rights.
The approach of pursuing minor offenders while leaving influential sponsors of violence unchallenged is a cowardly act that further intimidates citizens. It mirrors the tactics of bullies and reinforces the narrative that young people are being targeted to suppress their rights.
President Tinubu himself was once a vocal advocate for protests against various regimes. Before the APC came to power in 2015, protesters were rarely detained for extended periods, and media freedoms were respected.
We therefore call for the unconditional release of all detained protesters. Only confirmed lawbreakers should face legal consequences, while peaceful protesters must be allowed to exercise their rights without fear of retribution.