An Ibadan-based human rights lawyer, Femi Aborisade, has knocked the Nigeria Police Force for charging #EndBadGovernance protesters with treason and terrorism.
Aborisade said the government and its agent had committed a coup against the constitution of the country.
It would be recalled that the police had arraigned 10 # Endbadgovernance protesters for treason and terrorism.
The labour lawyer stated in an interview with Optimal Times News in Ibadan .
He reiterated that it is the right of the people to exercise freedom of peaceful protest to resist economic hardship, adding that the right to peaceful protest is inalienable.
Aborisade said the step signposted an overthrow of constitutional democracy.
He said: “The arraignment of peaceful protesters on counts of treason and terrorism allegations is a coup against the written Constitution of the Federal Republic of Nigeria, 1999, as amended. It is therefore a monumental disservice to the sacrifices of lives, blood and deprived freedom suffered by ordinary people in fighting against military dictatorship. It signposts overthrow of constitutional democracy and announces a reign of terror and tyranny, which must be resisted through peaceful mass action. Section 40 of the Constitution guarantees the fundamental right of peaceful assembly and revolt against government policies which the people perceive to be punitive, pernicious and against their interest.
“The critical question is whether the exercise of the constitutional right of peaceful assembly and mass action can result into the offences of treason, treasonable felony and/or terrorism.
By the provisions of the law, which provide for the offence of treason, peaceful protest, which is guaranteed under Section 40 of the Constitution is not treasonous. The offence of treason involves levying war against the Sovereign and it is punishable by death. Any person who forms an intention to remove the President during his term of office otherwise by constitutional means is guilty of treasonable felony and is liable to be sentenced to life imprisonment. The offence of terrorism is also punishable by death.
“Peaceful protesters did not declare war against Mr. President. The peaceful protesters did not declare an intention to remove Mr. President from office. The peaceful protesters were demonstrating against harsh economic policies of Mr. President with the cry of “we are hungry”, “Ebi npa wa” (Yoruba) “muna jin yunwa” (Hausa) and “aguu n’agu anyi” (Ibo) across Nigeria.
“The protesters were demanding changes to government economic policies. Where any government is unable to effect changes to fulfill section 14(2)(b) of the Constitution, that is, to realise welfare and security of the people, then such a regime has lost all the legitimacy to remain in power, even though it may hold on to power by repression. Where the masses demand a change through peaceful protests, it is within their right so to do.
“Indeed, Section 2 sub section (4) of the Terrorism Prevention Act, 2022, expressly exempts peaceful protest from terrorist acts, as follows:
“An act, which disrupts a service but is committed in pursuance of a protest, democtration or stoppage of work is not a terrorist act …”
Furthermore, the Police Establishment Act, in Section 83(1)-(2), pursuant to Constitutional provisions, places responsibility on the Police to “uphold and protect the fundamental rights of all persons in Nigeria”, which include the right to peaceful protest.
“The arraignment and charging of peaceful protesters with offences of treason, treasonable felony and terrorism is nothing but an agenda to perpetrate the culture of fear to resist the unprecedented increase in the price of fuel to N897/litre, effective from 3rd September 2024.
“The choice before the people is to accept death in the name of continued imposition of renewed hardship under the guise of renewed hope or to reject death by resisting inexplicable economic hardship in the midst of plenty”.
Continuing the former lecturer said: “We reiterate that it is the right of the people to exercise freedom of peaceful protest to resist economic hardship. The right to peaceful protest is not only inalienable, it is also unassailable, and not forfeitable.
Drop trumped-up charges against peaceful protesters. The “terrorist” that drives the masses to fight and haunts the corridors of power is hunger-inducing economic policies. Release Adeyemi Abayomi and all other peaceful protesters from unjust incarceration. The regime should stop insulting the poor masses”.