EXAMINATION ON THE LEGAL AND ETHICAL IMPLICATIONS OF ARRESTING #ENDBADGOVERNACE PROTESTERS IN NIGERIA

CHAPTER ONE

 INTRODUCTION

1.1 Background to the Study

Protests have historically been a significant component of democratic engagement and a tool through which citizens voice discontent with governmental policies, actions, or leadership. In sub-Saharan Africa, protests have been a key form of civic engagement and expression, often taking the shape of movements against government policies perceived to be oppressive or unjust especially among the youth populace who is be. The sweeping changes across the continent did not pass without Nigerian citizens taking note.

Unarguably, protests serve as a democratic right, as enshrined in the Nigerian Constitution under Section 40, which guarantees the freedom of assembly and expression. In Nigeria, the right to protest is primarily protected under the 1999 Constitution, which guarantees the freedom of assembly and association. Section 40 of the Constitution provides that every Nigerian has the right to assemble freely and associate with others, a provision that implicitly supports peaceful protests. Additionally, Section 39 ensures the freedom of expression, allowing individuals to voice grievances against the government or societal issues. However, while these rights are protected constitutionally, the Public Order Act (Cap 382 LFN 1990) regulates public gatherings and demonstrations. It requires citizens to obtain permits from the police before organizing a protest, leading to debates on the constitutionality of this requirement, as many argue it limits the freedom of assembly (Oduwole & Folarin, 2018).

Furthermore, Nigeria is a signatory to international human rights treaties like the African Charter on Human and Peoples' Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR). These treaties, ratified by Nigeria, reinforce the protection of the right to peaceful assembly. The African Charter, incorporated into Nigerian law under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 LFN 2004, explicitly guarantees the right to assemble and protest without interference, provided it is peaceful. Despite these legal frameworks, enforcement often clashes with reality, as law enforcement agencies, under the guise of maintaining public order, sometimes suppress protests and arrest demonstrators unlawfully (Amnesty International, 2021). This tension between constitutional rights and practical enforcement remains a significant challenge to the protection of civil liberties in Nigeria.

Contextually, the wave of protests has risen over issues such as corruption, insecurity, and poor governance. The 2024 #EndBadGovernance protests are a continuation of a history of civic dissent against a backdrop of governmental inefficiency and maladministration (Akinyele, 2022). These protests represent a collective effort by citizens, especially youths, to demand better governance practices and accountability from the Nigerian government. According to Olayiwola (2023), the rise in youth activism and mobilization in Nigeria is tied to social media platforms, which provide the space for organizing mass movements against perceived injustices. The #EndBadGovernance protests were fueled by frustration over the Tinubu administration's handling of the country's political and economic crisis. The arrest of #EndBadGovernance protesters by Nigerian law enforcement agencies reflects a broader pattern of human rights abuses and suppression of civil liberties. Even though not a new phenomenon, the governments have responded to protests with aggressive tactics, including the unlawful detention of protesters, which is similar to the 2020 #EndSARS protests (Adeyemi, 2021). The trend has raised concerns about the erosion of democratic values and the legal basis for such arrests, leading to an urgent need for a thorough examination of the legal and ethical implications.

1.2 Statement of the Problem

The recurring incidents of arrests and harassment of protesters in Nigeria have cast a shadow on the country's democratic credentials. In the wake of the 2024 #EndBadGovernance protests, law enforcement agencies arrested hundreds of protesters, accusing them of inciting violence, disturbing public order, and defaming the government. These actions have sparked widespread debate about the legitimacy of the arrests, particularly in light of Nigeria's constitutional provisions that protect the right to protest (Ogunbiyi, 2023).   While arrests are often justified on the grounds of maintaining public order, there is little evidence that such measures are effective in addressing the underlying causes of civil unrest. Instead, they appear to aggravate tensions and contribute to the growing mistrust between the government and the public (Nwosu, 2023). This study aims to fill the gap by focusing on the legal justifications used to detain protesters and the ethical concerns that arise from these actions, especially regarding the long-term implications for democratic governance in Nigeria. 

More so, the lack of transparency and accountability in law enforcement actions during protests is another major concern hence the need to explore how the legal system in Nigeria addresses or fails to address the rights of protesters and how ethical considerations are either upheld or neglected in the process. This study will examine whether the legal actions taken against #EndBadGovernance protesters align with Nigeria's international human rights obligations and democratic principles.

1.3 Objectives of the Study

The objective of the study is focused on examination on the legal and ethical implications of arresting #endbadgovernace protesters in Nigeria. Specifically, the study seeks to:

Examine the legal frameworks guiding the arrest of protesters in Nigeria, specifically during the #EndBadGovernance protests.

Find out whether the legal actions taken against #EndBadGovernance protesters align with Nigeria's international human rights obligations.

Analyze the ethical implications of arresting protesters in relation to human rights and democratic principles.

Investigate the impact of such arrests on citizens' willingness to participate in future protests and democratic processes.

1.4 Research Questions

What legal frameworks guide the arrest of protesters in Nigeria during the #EndBadGovernance protests?

Are the legal actions taken against #EndBadGovernance protesters align with Nigeria's international human rights obligations?

What are the ethical implications of arresting protesters in relation to human rights and democratic principles?

How do these arrests impact citizens' willingness to participate in protests and democratic processes?

1.5 Research Hypotheses

Ho:There is no significant legal and ethical implication of arresting #EndBadGovernance protesters  on the suppression of human right and democratic principles.

Hi: There is a significant legal and ethical implication of arresting #EndBadGovernance protesters on the suppression of human right and democratic principles.

1.6 Significance of the Study

Practically, the significance of this study lies in its potential to inform policymakers, law enforcement agencies, and civil society organizations about the legal and ethical boundaries that must be observed during protests. Understanding these boundaries is essential for maintaining public order while respecting citizens' rights to protest, which is a cornerstone of democratic governance. The findings will provide actionable recommendations on how law enforcement can engage protesters more constructively and in a way that upholds constitutional rights.

Theoretically, the significance of this study extends to the academic discourse on human rights, civil liberties, and the ethics of law enforcement in democratic societies. By examining the Nigerian case, this research will contribute to the broader body of literature on the challenges faced by emerging democracies in protecting civil liberties amidst political unrest. It will also highlight gaps in the legal frameworks and ethical considerations that govern the relationship between the state and its citizens during protests.

Scope of the Study

The scope of this study focuses on the legal and ethical implications of arresting #EndBadGovernance protesters in Nigeria, specifically under the Tinubu administration in 2024. In content, the study will examine the legal frameworks guiding the arrest of protesters in Nigeria, specifically during the #EndBadGovernance protests, find out whether the legal actions taken against #EndBadGovernance protesters align with Nigeria's international human rights obligations, analyze the ethical implications of arresting protesters in relation to human rights and democratic principles. Geographically, the study will concentrate on Kano metropolis in Nigeria.

1.8 Limitations of the Study

Like every academic endeavor, this study may face limitations in accessing detailed and unbiased reports from law enforcement agencies and the judiciary due to confidentiality and political sensitivity. Another limitation is the potential bias in media reports, which could affect the objectivity of data collection. Additionally, there may be constraints in securing first-hand testimonies from arrested protesters due to fear of reprisal. Another limitation involves the time frame for data collection, as protests are dynamic and evolving events. Changes in political leadership or legal reforms could also affect the findings of the study, limiting its application to other contexts or future events.

1.9 Definition of Terms

Human Rights: Basic rights and freedoms that belong to every person, including the right to freedom of speech, assembly, and expression.

Protester: An individual who publicly expresses their objection to governmental policies or actions, typically in a group setting.

Ethics: Moral principles that govern the behavior of individuals and organizations, particularly in relation to the rights and dignity of others.

---

---