The Many Faces of a Protest

No one had to be Nostradamus, to see that the #Days of Rage aka #EndBadGovernance (EBG) Protest would turn violent, at least in some parts of Nigeria. And, indeed, in various States, violence and looting occurred on the very first day. EBG doesn’t seem to have taken off as well as #EndSARS did, even though, at the end of the day, not much was achieved from the #EndSARS Protest. In fact, it ended in monumental losses, with not much in terms of institutional reforms as far as the Police is concerned, (which was one of the main demands of the Protest), aside from a change in nomenclature of the offending Police Department from SARS to SWAT. 

#EndBadGovernance Protest: Looting, Carnage and Violence

On the first day of EBG, we saw live videos of people looting recklessly in Kano; and it was obvious that it was the people of Kano in action, not any Government sponsored thugs, at least not at the Rufaidah Building where there is a yoghurt shop located on the ground floor. Even teenagers and children were present at that particular scene of looting;  the about-to-be launched NCC Industrial Park, was also ransacked and looted, and we saw other young ones, making away with executive office chairs and other gadgets stolen from there. 

In Kaduna, 25 suspects who were arrested for their alleged involvement in damaging Government offices, happened to be members of Sheik El-Zakzaky’s Islamic Movement in Nigeria (IMN). A news report that I read, stated that an AK-47 rifle and ammunition were recovered from the suspects. 

In Bayelsa State, the Governor, Douye Diri, gave a press conference alleging that the opposition that lost the election in 2023, was responsible for violence in the State during the protest. The Governor openly accused former Bayelsa Governor and APC Gubernatorial Candidate in the 2023 election, Timipre Silva, Joshua Maciver and some others, of being behind the violence. 

In short, the narrative that was repeated by some like learned Senior Advocates, Femi Falana and Ebun-Olu Adegboruwa, that the violence that had erupted during past protests like #EndSARS, was mainly because of the insertion of Government sponsååored thugs and agents into the mix to foment violence and disruption, didn’t quite seem to be the case, at least not in these three States and several others. It was the people themselves, that went on a rampage! As the saying goes, ‘a hungry man, is an angry man’. However, law enforcement agents must remember that while there cannot be use of force against peaceful protesters, in extreme and exceptional circumstances where force may be necessary, it must be proportionate. For instance, opening fire on unarmed protesters who may be disruptive or even throwing stones at the Police, is using disproportionate force. Such response, is unacceptable.

Some EBG Demands

My point? Like I said last week, these days, in Nigeria, a call to protest means different things to different people. For some, they genuinely use it as a means of airing their grievances, a right which is guaranteed by Sections 39(1) & 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023)(the Constitution), that is, the right to freedom of expression, association and peaceful assembly, peaceful being the operative word here (see Section 45 of the Constitution). See the case of IGP v ANPP 2007 18 N.W.L.R. Part 1066 Page 457. 

For those who were engaged in peaceful EBG protest, some of their demands are: 1) revert petrol pump price to N100/litre (so that transportation costs will be greatly reduced, prices of food stuff will once again become affordable and cost of living will decrease generally); 2) security; 3) combat hunger;  4) effective fight against corruption; 5) no more unjustifiable and unnecessary Government expenditure on things like ridiculously expensive renovations of government buildings, luxury vehicles, State-owned aircrafts, foreign trips with huge entourages etc, while Nigerians are asked to tighten their belts and sacrifice; 6) reduction in electricity tariff; 7) good governance, accountability and transparency; 8) reversal of the hike in fees for public tertiary institutions; 9) immediate release of #EndSARS Protesters still in detention; 10) closure of all IDP Camps and the resettlement of the IDPs; 11) children of all public office holders should attend public schools; 12) transition to a unicameral Legislature. The Protesters in Edo State, also demanded for a downward review of the remuneration of political office holders. Generally, the argument is that, if there are funds available for No. 5, then there must be funds available for the first leg of No. 1 and other things that benefit the people. 

The counter-argument by the pro-subsidy removal people, is that there really was no other option – the fuel subsidy had to go, if not Nigeria would sink. And that, in any event, the Buhari administration made no provision for the fuel subsidy beyond June 2023; that all the country was doing was borrowing left, right and centre to stay afloat. Majority of the people don’t understand all this, neither do they find it plausible, particularly if they do not seem to be enjoying any benefits from the gains and savings from the removal of the fuel subsidy, and instead, an unprecedented level of suffering has been unleashed on them. It is the responsibility of Government to communicate their side of the story to the people, in a language that they will understand. Additionally, Government must show good faith, by tightening its own belt along with Nigerians. When the people see Government and its officials spending lavishly while they are starving, naturally, it breeds resentment, suspicion and distrust.

Some Reasons Why Nigerian Protests Turn Ugly: Lack of Coherent Welfare Policy for the People

The worse the living conditions, the more likely that a protest will turn violent. At the time of the ‘Occupy Nigeria’ Protest of 2012 for example, living conditions were better. So, unfortunately, for some, with the present harsh living conditions, protest is an opportunity to pursue their sinister motives – to loot, settle political scores, destabilise the environment, for violence and other criminal activities. This time around, we even saw people hoisting the Russian flag and calling for military takeover (à la neighbouring Niger) – sounds like Treasonable Felony – see Section 41 of the Criminal Code Act 2004 (CC). See the case of Omisade & Ors v Queen (1964) LPELR-25119(SC) per Adetokunbo Adegboyega Ademola, JSC (later CJN). 

Part of the reason for this kind of bad behaviour during protest, is that Nigeria doesn’t have a proper welfare system, nor do we effectively impose sanctions for a lot of this undesirable behaviour (the standard of education in public schools is also low, the healthcare system is almost nonexistent, there’s a high rate of unemployment and poverty in the land). I watched some Protesters on television, on the first day. When they were asked why they were on the road in Ikeja, they stated that they are homeless and sleep under Ikeja bridge; they were trekking from there to the Ojota Protest location. 

It is highly unlikely that people who are protesting in London against climate change or the rising cost of living for example, will go on a rampage and start breaking into Sainsbury’s or Tesco Supermarkets to loot. UK has a proper welfare system; the unemployed receive benefits, there’s Public/Council housing, good public education and healthcare system in place. The less privileged may not be able to afford caviar and champagne, but, mostly, they are not starving. Usually, they have a roof over their head, food to eat, and their children get a good standard of education from the public schools, possibly comparable to that of the private schools, just without the frills and thrills. It is common for people in the UK not to further their education after Secondary School, and acquire skills instead; some training to be Bus or Train Drivers, because they will still live a decent life. The British Government has always made the welfare of its citizens a priority; if not, you will be voted out!

Examples of Bad Governance 

Good governance is simply meeting the Fundamental Objectives and Directive Principles of State Policy, set out in Chapter II of the Constitution. Though we now have a Humanitarian Ministry, there doesn’t seem to be a coherent welfare policy in place for Nigerians, even though their security and welfare is the primary purpose of government (see Section 14(2)(b) in Chapter II of the Constitution). Isn’t it bizarre, that successive administrations have consistently failed to deliver on the most important mandate and essence of government? If Government takes this mandate as seriously as it should, possibly protests will become more civilised in Nigeria, or there would be no need for them. 

The Tinubu administration appointed a Humanitarian Minister who was allegedly caught diverting into personal accounts, funds meant for suffering Nigerians, the poorest of the poor; and to date, the Minister has faced no sanctions, nor has she been prosecuted. Maybe they believe that as time passes, Nigerians will forget about her alleged misdeeds. This particular Humanitarian role is crucial, it goes hand in hand with the welfare of the people, the second leg of the primary purpose of government. 

The Protesters are shouting from the rooftops, that they won’t stand for this kind of behaviour on the part of Government anymore – it is bad governance – to still keep in office, someone whose hand may have been caught in the cookie jar of the poor and needy, and to let them go scot free without any punishment. In fact, in some cases, such wrongdoers are promoted instead; maybe that’s what the suspended Humanitarian Minister may be hoping for. Tah! Even in our own administration of justice sector, in the last year, we have witnessed the elevation of several judicial officers to higher courts, soon after delivering perverse judgements. It was therefore, rather confusing, to hear the Chief Justice of Nigeria declaring that judicial officers who treated our jurisprudence with mockery would not be spared, around the time of their elevation to the higher Bench! 

The Federal Government distributed rice as palliatives for the people, to all the States in Nigeria. Undoubtedly, sound policies are preferable to palliatives, but if has to be palliatives, maybe they should be handed over to the Mike Adenuga, Dangote or BUA Foundations for instance, for onward distribution to the people instead, because we know the palliatives will definitely reach the suffering Nigerians they are meant for, instead of using government channels filled with cruel, greedy officials, who simply convert palliatives meant for the people to their own use and financial benefit. We saw this happen, during the Covid-19 pandemic. A former Lagos State House of Assembly member, who instead of distributing Government provided palliatives to her constituents, distributed them as party packs to guests at her birthday party. The former member, instead of facing criminal prosecution, has apparently been given a Federal appointment – a person who is unsympathetic and cannot be trusted, has been appointed into a position that requires a trustworthy person! This isn’t good governance culture, rewarding misconduct with higher office. It is one of the perfect ingredients, for bad governance. 

A few days ago, in Kogi State, where rice bagged by the Federal Government and clearly marked as ‘not for sale’, but to be distributed to the people to ease their hunger, were cornered into a warehouse by some government criminals who were attempting to re-bag the rice for sale! Aside from the fact by virtue of Section 15(5) of the Constitution, the State is mandated to abolish all corrupt practices and abuse of power, some of the unholy activities of government officials amount to criminal conversion, theft, stealing contrary to Section 383 of the CC and other offences. But, as usual, none of the culprits will be exposed, and even if they are, they won’t be sanctioned – lack of accountability (see Demand No. 7). See AG Ondo State v AGF & Ors (2002) LPELR-623(SC). While we cannot expect the President to go and deliver and distribute the palliatives himself nationwide, Government will continue to earn itself a bad name, if it continues to use corrupt employees who intercept its messages of succour to the people, because it translates to doing nothing for the people when they receive nothing. See the case of Psychiatric Hospital Management Board v Ejitagha (2000) LPELR-2930(SC) per Samson Odemwingie Uwaifo, JSC. 

Governors 

The Tinubu administration, has increased the FAAC Allocations to the States. What do the Governors do with these funds? Why should the people be starving to this extent, if those funds are being applied properly? The Governors account to no one, for how they use or misuse these monies. It is time to start to question Governors who are the direct leaders of the people in their States and shed the light on them, instead of only calling out the President. 

Conclusion

In Nigeria, we like to copy and paste, and both Government and the people are guilty of it. But, not everything that works properly in the UK and Germany, works in Nigeria. Clearly, protests as they are now, do not seem to work as well here, even though it is within our constitutional rights to hold them. One way or the other, looting, violence and killing, have surely become part and parcel of our protests. Granted, successive governments have failed to play their part, so much so that, today, Nigerians have sunk to this deplorable level of hunger, and if the policies that have brought on this level of hardship are unleashing such disastrous consequences on Nigerians, it may be time to tweak them, or definitely find something to do, to permanently relieve Nigerians.

If protests in Nigeria have become a call to anarchy, and we all know that they will end in blood, tears and sorrow, then it behooves the Government not to let the situation in the country deteriorate to the point that Gari, our staple food, has become a luxury for many. In the case of EBG, the anger of the people and the threat of holding the protest alone, seemed have had some effect on Government. A few Governors came out to address their people, and so did the President on Sunday. Communication with the people should be done on a regular basis, and not because of a threat of or an actual protest; after all, by virtue of Section 14(2)(a) & (c) of the Constitution, sovereignty belongs to the people and they have a right to participate in their government. 

Finally, let us not forget that when infrastructure is destroyed and people are killed during protest, the country loses; but, more importantly, the common man who doesn’t have the luxury of alternatives that those who are more privileged can enjoy, suffers the impact of the mayhem caused by protests the most.