Introduction
There exists a thin line between protests and riots because every riot has some elements of protest. This brings us to the conclusion that all riots are protests, but not all protests are riots. In this article, we will substantially differentiate between protests and riots, highlighting the Nigerian context and its role in propagating and executing riots in the name of protests. The article will further explore the elements of this subject in the Nigerian End SARS protest and the proposed August 1st Hunger Protest of 2024.
What is a Protest?
A protest is a statement or action expressing disapproval of or objection to something. it is protest is a public expression of objection, disapproval, or dissent towards an idea or action, typically a political one.This fundamental right is enshrined in the Nigerian Constitution. Section 40 of the 1999 Constitution provides for the freedom of peaceful assembly. This right is also incidental to the right to freedom of expression and the press, as provided under Section 39 of the Constitution. The Court have in a platoria of cases emphacized the fundamental nature on the citizens right to ptotest. Thus, the citizens’ right to protest is protected and guaranteed under Nigerian law.
What is a Riot?
A riot or mob violence is a form of civil disorder characterized by a group lashing out in a violent public disturbance against authority, property, or people. This involves the use of violence by the public against authorities or individuals to achieve certain goals. In all countries, riots are totally prohibited because they lead to the destruction of lives and property of both the government and fellow citizens.
In Nigeria, riots or violent protests are totally prohibited, as stated in Section 33(c) of the 1999 Constitution. The law allows the government to take a person’s life in the course of suppressing a riot for the protection of lives and property, which is the primary responsibility of the government. The Criminal Code, by Section 71, provides that any person who takes part in a riot is guilty of a felony and is liable to imprisonment for three years.
Understanding the Nigerian Context
It is important to understand that a significant portion of young people in Nigeria are not fully aware of the meaning and implications of protests. Over the years, the government has portrayed protests negatively, conveying the message that protesting is inherently bad. This portrayal serves as a tool for suppressing Nigerians who are discontented with the government’s unfavorable policies.
A protest is fundamentally different from what many have been led to believe. It is an objection by an individual or group against a particular policy or opinion, especially when the government’s policies adversely affect them. Protesting, provided it is conducted peacefully and within the bounds of the law, is a legitimate form of expression.
Sections 39 and 40 of the 1999 Constitution of Nigeria guarantee citizens the right to protest, encompassing freedom of expression and the freedom to hold peaceful assemblies. This right is protected by the state, and Nigerian courts have consistently recognized and affirmed these rights as essential measures for evaluating government performance in a democratic society.
A protest only becomes illegal when it turns violent. According to Section 14 of the Constitution, the security and welfare of the people are the primary responsibilities of the government. If lives and properties are threatened due to riots, offenders face a punishment of three years imprisonment as stipulated by Section 71 of the Criminal Code. Additionally, the law permits the government to take the life of a violent protester in extreme circumstances, such as when protesters are armed or destroying public property, as outlined in Section 33(c) of the Constitution.The police Act alson empowers the citizens to make request to the police for protection of protesters.
It is crucial to note that while all riots are forms of protest, not all protests are riots. As long as the agitation is peaceful, the claims are valid, and they serve a public purpose, citizens are allowed to protest.
Conclusion
Citizens of the country reserve the fundamental right to protest. This right has been enshrined in various laws and treaties to which Nigeria is a party. It is a fundamental human right that is innate and stands above every other right. This right is a barometer for testing the efficacy of any government. Protest is legal in Nigeria. However, the law has totally condemned riots, which are violent protests. The provisions of Section 71 of the Criminal Code and Section 33(c) of the 1999 Constitution totally prohibit riots. As a matter of fact, the law provides that the government, in suppression of a riot, has the right to take a life. This is why we advise that whenever any group or individuals are aggrieved with the government or a particular policy and intend to express their objections, they should do so within the ambit of the law. The law has the power to turn a peaceful protest, which is legal, into a violent riot, which is totally illegal and prohibited all over the world. Thank you.
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