The protesters were reportedly mobilised to voice concerns over the rising wave of kidnappings in the area and the killing of a young man by armed assailants.
Human rights lawyer Femi Falana (SAN) has called for the immediate release of the remaining 14 protesters still in custody following last Saturday’s peaceful demonstration in Ekpoma, Edo State.
The protesters were reportedly mobilised to voice concerns over the rising wave of kidnappings in the area and the killing of a young man by armed assailants.
In a statement, Falana said, “Having regard to the incessant kidnapping of people in Ekpoma and payment of ransom to secure their release due to the failure of the government to provide security in the area, the people of Ekpoma who participated in the peaceful protest were merely exercising their fundamental rights to freedom of expression and assembly guaranteed by Sections 39 and 40 of the Constitution and Articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.”
According to Falana, thousands of unarmed residents of Ekpoma and neighbouring communities marched through major roads, carrying placards and calling for urgent government intervention.
The demonstration, he noted, “was peaceful and lawful, aimed at highlighting the incessant kidnapping of people in Ekpoma and the payment of ransom due to the failure of government to provide security.”
The Edo Police Command, however, arrested 52 protesters, including students of Ambrose Alli University (AAU).
“The remand of the protesters by the High Court cannot be justified under the Constitution and the Administration of Criminal Justice Law of Edo State,” Falana argued.
Following public condemnation, the Edo State Government ordered the release of 38 students, but he expressed concern that the remaining 14 protesters were reportedly facing charges of armed robbery and related criminal offences.
Falana condemned this move, saying, “Regrettably, due to the failure of the Edo State Police Command to provide security during the protest, some angry youths were reported to have looted the goods of poor traders in the town.
“To that extent, the protesters cannot be held vicariously liable for the criminal activities of the angry youths. We are therefore compelled to call on the Edo State Government to release the remaining 14 protesters who were exercising their constitutional rights like the 38 students that have regained their freedom.”
Citing legal precedents, Falana referenced the 2006 Federal High Court ruling in All Nigeria Peoples Party v Inspector-General of Police, which annulled police permits restricting rallies and upheld citizens’ right to protest peacefully.
He also noted the Court of Appeal ruling in Inspector-General of Police v All Nigeria Peoples Party (2008), which affirmed that “Nigerians are entitled to exercise their rights to freedom of expression and assembly through peaceful protests.”
He further invoked section 83(4) of the Police Establishment Act 2020, noting: “Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such a meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place shall mobilise personnel to provide security cover for the meeting, rally or procession.”
Falana reiterated that the protest was a lawful exercise of constitutional rights and urged the state government to follow the precedent set by the release of the 38 students.
“We are therefore compelled to call on the Edo State Government to release the remaining 14 protesters who were exercising their constitutional rights like the 38 students that have regained their freedom,” he said.