Assessing The Right to Protest Under the Nigerian Law

Abstract

Protest is one of the potent means of drawing the attention of the government and demanding a reflection of the yearnings and aspirations of the people in her policies. In Nigeria, the right to protest of any Nigerian is guaranteed and protected under the international law and Section 40 of the 1999 Constitution of Federal Republic of Nigeria (as amended). Guaranteeing the right to protest is subject to the general restriction placed by section 45 of the Constitution. Public Order Act is one of the laws in Nigeria regulating protests but its provision has raised controversies over the requirement of permit before gathering for protest march. The Public Order Act curbs on the enjoyment of the right enshrined in section 40 of the 1999 Constitution, as such, the Act cannot be said to be reasonably justifiable in a democratic society as to make it come under the exception of section 45 of the Constitution. This article examines the concept of protests, cases of protests in Nigeria, the legal framework for protests, right to protest in Nigeria and whether police permit is required before embarking on a protest march in Nigeria.