Senior Advocate of Nigeria and human rights activist, Femi Falana, stated that while every Nigerian has the fundamental right to protest for or against the government—rights guaranteed by sections 39 and 40 of the Nigerian Constitution and articles 9 and 10 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act—it is, however, a treasonable offense to campaign for a coup.
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He said, “Accordingly, the right to protest is required to be exercised peacefully within the ambit of the law.
“Hence, section 83(4) of the Police Establishment Act 2020 has imposed a duty on the Nigeria Police Force to provide adequate security for citizens who may wish to participate in public meetings, rallies and protests. In many parts of the country, the Police provided adequate security for the ##endbadgovernance protesters and in some cases professionalism was glaringly on display.
“Having won the legal battle for the Nigerian people to exercise their constitutional right to protest against unpopular policies of the Government, I have supported the constitutional right from all walks of life to exercise the right to protest.
“While we have supported the right of the #endbadgovernance protesters, we have a patriotic duty to call on them to distance themselves from the undemocratic forces who have taken advantage of the peaceful protests to engage in violence or campaign for another military coup in the country.
“It has become necessary to point out that calling for a military coup or waiving the flag of Russia, a country that is noted for supporting unconstitutional change of government in Africa, constitutes a gross abuse of the constitutional right to protest against the Government of Nigeria.
“The legitimate protests against hardship in the land should not be turned into a campaign for unconstitutional change of government.
“Therefore, those who are involved in the illegal campaign for another military rule are advised to stop it forthwith. Otherwise, they may be accused of engaging in the offence of treasonable felony in contravention of section 41 of the Criminal Code Act.
“In order to make any form of unconstitutional change of government unattractive to the people of Nigeria, the Bola Tinubu administration ought to review the neoliberal policies that are promoting poverty and hardship in the land.
“For instance, the Nigerian National Petroleum Corporation Limited should negotiate lower prices of petroleum products since the Federal Executive Council has directed that 445,000 barrels of crude oil be allocated daily and sold to the Dangote Refinery in the Naira.”
He urged government officials to present policies in a more engaging and articulate manner.
“The feedback from such civic engagements should also positively inform policies. That’s the popular democratic path for citizens to take as against the reprehensible invitation to the tragedy of military rule,’ he said.
Falana’s remarks come in the context of violent protests in Northern Nigeria, where demonstrators have been seen waving the Russian flag and chanting “Tinubu must go.”
This new development has elicited widespread reactions, with experts labeling the act as “treason” and contrary to the Nigerian constitution.
