Edo protest: Planned prosecution of 14 protesters unconstitutional — Falana

A Lagos-based human rights lawyer and Senior Advocate of Nigeria (SAN), Mr Femi Falana, has demanded the immediate release of the remaining protesters arrested in Ekpoma, Edo State, describing their detention and proposed prosecution as unconstitutional and unlawful.

Falana made the call on Wednesday while reacting to the arrest and remand of residents who participated in a peaceful protest against rising cases of kidnapping and insecurity in Ekpoma and neighbouring communities.

Last Saturday, thousands of residents of Ekpoma and surrounding areas took to the streets to protest the worsening security situation, particularly the frequent abduction of residents and the killing of a young man by suspected armed criminals.

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The protesters were said to have marched peacefully along major roads, carrying placards and calling on the government to intervene and protect lives and property.

However, on Monday, the Edo State Police Command secured an order of a High Court to remand 52 protesters, including students of Ambrose Alli University (AAU), who were arrested after the demonstration.

Falana said the remand order could not be justified under the 1999 Constitution and the Administration of Criminal Justice Law of Edo State.

Following widespread condemnation of the arrests, the Edo State Government ordered the release of 38 students among those detained.

Falana, however, expressed concern that plans had allegedly been concluded to arraign the remaining 14 protesters on charges of armed robbery and related criminal offences.

According to him, such action would amount to a grave abuse of power and a violation of the protesters’ fundamental rights.

He noted that the residents of Ekpoma were merely exercising their rights to freedom of expression and peaceful assembly as guaranteed under Sections 39 and 40 of the Constitution, as well as Articles 9 and 10 of the African Charter on Human and Peoples’ Rights.

Falana recalled several judicial pronouncements affirming the right of Nigerians to protest peacefully.

He cited the case of All Nigeria Peoples Party v Inspector-General of Police (2006), where the Federal High Court annulled the requirement for police permits for rallies and upheld the right of citizens to protest against government policies.

He also referenced the Court of Appeal’s decision in Inspector-General of Police v All Nigeria Peoples Party (2008), which reaffirmed that peaceful protests are constitutionally protected.

He further pointed out that Section 83(4) of the Police Establishment Act 2020 places a duty on the police to provide security for public protests once notified, rather than suppressing them.

Falana lamented that the Edo State Police Command failed to provide adequate security during the protest, which reportedly led to some angry youths looting the goods of traders in the town.

He stressed that peaceful protesters could not be held vicariously liable for criminal acts allegedly committed by others.

“We are therefore compelled to call on the Edo State Government to release the remaining 14 protesters who were exercising their constitutional rights, just like the 38 students who have regained their freedom,” Falana said.