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Lawyers: Protest Is Avoidable If The Government Had Acted Appropriately

Lawyers have criticized the government’s response to the ongoing hunger protest, asserting that peaceful protest is a constitutional right that must not be infringed upon. They also argue that the government did not do enough to address the root causes of the protest.

Abeny Mohammed (SAN) noted that President Bola Ahmed Tinubu failed to show empathy by not addressing the protesters directly. “The failure to speak to the protesters before or on the day the protest began was a missed chance to connect with the suffering Nigerians,” he said.

He added, “The massive deployment of security forces to stop the protesters is an admission of failure by the government, showing it has no solution to their genuine demands. Forceful suppression of peaceful protests violates the constitution and is unacceptable in a democracy.”

Mohammed also condemned the last-minute court injunctions obtained by some state governments to restrict the protests. “These ex-parte injunctive orders were a gross abuse of court processes and infringed on Section 40 of the constitution, providing freedom of peaceful assembly. The judges who granted these orders acted outside the principles governing ex-parte orders. The urgency claimed by the courts was self-imposed and unjustified.”

Ikoro N.A. Ikoro Esq emphasized that the Nigerian constitution allows people to air their grievances through peaceful protest. He criticized the government’s wasteful spending on luxury items while citizens struggle with necessities. “When people can’t afford essentials like fuel, garri, or beans, it’s clear the government has not done enough. Promises of future improvements are not enough when people are suffering now,” he said.

Ikoro further noted that if the government had put as much effort into addressing the issues as they did in trying to stop the protests, the situation might not have escalated.

Hameed Ajibola Jimoh Esq pointed out that the right to protest is protected under international law, provided it remains peaceful. “Protests should consider the rights of others, including both adults and minors. The government has not done enough to address the widespread hunger, which has worsened under the current administration,” he said.

Jimoh added, “The government’s failure to gauge public opinion and address economic hardships has led to widespread suffering. This protest was avoidable if the government had acted appropriately.”

The Nigerian Bar Association (NBA) has announced pro bono legal support services for protesters nationwide. In a statement, NBA National Publicity Secretary Akorede Habeeb Lawal said the NBA president, Yakubu Maikyau (SAN), directed the establishment of Legal Support Services Teams across the country. The NBA has also written to the Inspector General of Police to collaborate on this initiative.

Maikyau instructed all NBA branch chairpersons to ensure their human rights committees handle cases of fundamental rights breaches, harassment, or torture by law enforcement agents during the protests. “Branch chairpersons are also to set up Situation Monitoring Committees (SMC) to monitor interactions between law enforcement agents and protesters,” the statement added.

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