In a statement on Tuesday, Electoral College Nigeria Executive Director, Kunle Lawal, described peaceful assembly and protest as protected under the Constitution of the Federal Republic of Nigeria.
The Electoral College Nigeria has condemned the prosecution of individuals allegedly involved in the recent nationwide #EndBadGovernance protests.
In a statement on Tuesday, Electoral College Nigeria Executive Director, Kunle Lawal, described peaceful assembly and protest as protected under the Constitution of the Federal Republic of Nigeria.
Lawal condemned the charging of #EndBadGovernance with treason, saying, “The right to peaceful assembly and protest is explicitly protected under Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“This provision guarantees every Nigerian the right to assemble freely and associate with other persons for the purpose of expressing their views, provided such assembly is peaceful. It is crucial to recognize that peaceful protests are a cornerstone of any democratic society, serving as a platform for citizens to express their grievances, demand accountability, and participate in governance.
“However, it has come to our attention that some individuals involved in these protests are being charged with treason.
“Treason, as defined under Section 37 of the Criminal Code Act, is a grave offense involving actions against the state, such as levying war or conspiring to overthrow the government.
“While the state has the responsibility to maintain law and order, it is paramount that the charges brought against any citizen be grounded in clear, substantial evidence that aligns with the legal definitions provided by our laws.”
According to Lawal, to “charge peaceful protesters with treason is not only an overreach but also a misinterpretation of the fundamental rights enshrined in our constitution”.
He said, “The mere act of protesting against perceived bad governance does not amount to treason. Protesting is a legitimate expression of democratic rights and should be respected as such.
“However, it must also be stated that while peaceful protest is protected, any acts of violence, vandalism, or destruction of public and private property are not.
“Section 43 of the Criminal Code Act criminalizes the destruction of public property and those found guilty of such acts must face the full extent of the law.
“If there is clear and indisputable evidence that any protester engaged in the destruction of property, those individuals should indeed be prosecuted, but for the crimes they committed, not for treason.
“It is the duty of the government to carefully distinguish between those who are exercising their lawful rights and those who may be exploiting these protests for unlawful purposes.
“Blanket charges of treason against protesters undermine the very principles of democracy and justice that our nation is built upon.”
Similarly, a civil society organization, Centre for Anti-Corruption and Open Leadership (CACOL), called on President Bola Tinubu’s administration to immediately and unconditionally release all those arrested during the protests for exercising their right to peaceful assembly.
SaharaReporters had reported that a Federal High Court sitting in Abuja on Monday ordered 9 youths linked to the #EndBadGovernance protests to be remanded at the Kuje Correctional Centre till September 11 for trial and ruling on their bail applications.
Justice Emeka Nwite also ordered that the only female defendant among the 10 defendants arraigned, should be remanded at Suleja Correctional Centre.
However, CACOL in a release issued by its Director, Administration and Programmes, Tola Oresanwo on behalf of the organization’s Chairman, Mr. Debo Adeniran on Tuesday stated that peaceful protest is not and should not be linked with any crime against the state, especially “treason”.
He explained that if government’s policies did not elicit mass hunger which later translated to mass anger, it was not likely that anyone would refer to a sitting government as bad.
The statement reads in part, “The charges, filed at the Federal High Court in Abuja, include felony and treason, contrary to Section 96 and punishable under Section 97 of the Penal Code. The protesters are accused of conspiring to destabilize Nigeria, inciting mutiny, and levying war against the state.
"From all indications, we at CACOL believe that the arraignment is unnecessary. Those who committed murder, arson or vandalism by destroying properties could be isolated and tried according to the law of the land.”
It said, "Moreover, it is the responsibility of the government to protect the lives and property of the people.
“Since the organizers of the protest gave enough notice before the commencement of the protest, that arson and vandalism were recorded during the protest can be attributed to negligence on the part of the government who ought to have put the necessary security apparatus in place to prevent wanton destruction of properties.”
"The federal government must immediately and unconditionally release all those arrested during the protest for exercising their right to peaceful assembly, instead of resorting to putting them through trumped-up charges just to justify unlawfully detaining them and thereby subjecting them to unnecessary psychological torture.
“To the best of our knowledge, peaceful protest is not and should not be linked with any crime against the state, especially ‘Treason,’” CACOL added.