THE CONSTITUTIONALITY AND SCOPE OF A RIGHT TO PEACEFUL PROTEST UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

Abstract

The right to peacefully protest is a right guaranteed and protected by both national and international law1. Often associated with challenging a dominant view, idea or decision in a society, group or institution by presenting a varying or dissenting opinion, it provides an opportunity for unfettered public expression mostly by a minority or the less powerful. As such, it has been instrumental to the development and growth of true democracies around the world. The Nigerian constitution makes provision for the protection of fundamental human rights in its Chapter IV, wherein the rights to freedom of expression and of the press and rights to free assembly and association are enshrined. These rights are not absolute; thus, section 45 of the constitution provides that nothing in the above provisions shall invalidate any law that is reasonably justified in a democratic society in the interest of defence, public safety, public order, public morality or public health or for the purpose of protecting the rights and freedom of others and persons. Corollary to the above, it is a fundamental right of persons to be allowed to express themselves and to assembly and associate freely. This certainly would include right to protest peacefully which is intrinsically tied to the constitutionally guaranteed right of freedom of expression, assembly and association. However, it continues to linger whether there are limitations to the right to peaceful protest by virtue of Section 45 of the constitution, and to what extent are the said limitations, if any. To provide answers to the above, this paper will look into the legal modalities for engaging in a peaceful protest in Nigeria and we use doctrinal method and NALT guidelines as tools.