4th September, 2024
By Taiwo Okanlawon
An Abuja-based lawyer, Pelumi Olajengbesi, has cautioned the federal government against criminalising peaceful protests by aggrieved Nigerians, warning that such actions can lead to anarchy.
He stated that the denial of the right to peaceful protest is an affront to the rule of law and the enforcement of the fundamental rights of Nigerian citizens.
In a strongly worded letter to the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, Olajengbesi demanded the immediate withdrawal of treason charges filed against the #EndBadGovernance protesters.
The letter is titled “The Imperative to Uphold the Right to Peaceful Protest and Refrain from Criminalizing Dissent in Nigeria.”
It read in part, “I feel compelled to articulate a grave concern regarding the recent measures undertaken by the Nigerian government that appear to criminalize peaceful protests.
“It is increasingly alarming and antithetical to reason, not to mention an affront to the principles of the rule of law, that the government has opted to levy severe charges such as treasonable felony against #EndBadGovernance protesters.
“The potential for such charges to culminate in draconian penalties, as stipulated under Section 410 of the Penal Code Act, is deeply troubling.
“The right to peaceful assembly and protest is a bedrock of any democratic society, enshrined in our Constitution and safeguarded by international human rights instruments to which Nigeria is a party.
“To criminalize citizens for exercising their legitimate right to dissent through peaceful protest not only constitutes a breach of these legal protections but also tarnishes Nigeria’s standing on the global stage.
“The recent decision to declare a British citizen wanted for the mere act of endorsing a protest is yet another example of the government’s disproportionate and misguided stance on civic engagement.
“While there may be facts and intelligence available to the government that are not in the public domain, the charges brought forward strongly suggest a deliberate stance of hostility towards dissenting voices.
“This approach is counterproductive and inimical to the ideals of democracy and free expression.
“I respectfully urge you, in your capacity as the Attorney General of the Federation, to exercise your esteemed office’s influence to impart the necessary legal direction to the government, ensuring the protection of citizens’ rights to peaceful assembly and expression.
“It is incumbent upon us to prevent the normalization of criminalizing lawful dissent, which undermines the democratic fabric of our society.
“Historically, governments that have resorted to such heavy-handed tactics have invariably eroded their legitimacy in the eyes of both the citizenry and the international community.
“I have faith in your unwavering dedication to justice and the rule of law, and I am confident that your intervention will help realign the government’s approach towards a more just and democratic course.
“Therefore, I earnestly appeal to you to ensure that all charges against the arrested protesters are immediately rescinded and that they are released without further delay.
“It is vital that we uphold the rule of law and refrain from punitive actions against those who merely seek to exercise their constitutionally guaranteed rights.
“While I write to address an urgent matter, I must commend your remarkable contributions to the advancement of legal justice in Nigeria, both prior to and within the brief span of your tenure.
“Your leadership has been pivotal in securing the recent landmark Supreme Court judgment affirming local government autonomy in Nigeria, a decision that undeniably fortifies democratic governance in our nation.
“Thank you for your prompt attention to this pressing issue. I remain optimistic that under your esteemed guidance, the principles of justice and equity will continue to prevail,” the letter read.