Is the right to protest not absolute?

The average individual understands that he has a fundamental right of speech and expression but many only claim these rights without understanding that such rights come with a responsibility and limitations especially the right to freedom of expression through protests.

It is true that the right to peaceful assembly including the right to peaceful protest is protected both locally and at the international level. Internationally, Article 21 of the 1966 International Covenant on Civil and Political Rights and at a regional level, under Article 11 of the African Charter on Human and Peoples’ Rights make provisions for protest.

The right to protest is indeed a fundamental human right of every Nigerian citizen as contained in Chapter IV of the 1999 Nigerian Constitution; Section 40 specifically provides for the right of citizens to peaceful assembly. But the right to protest is not absolute. Exercising the right to protest, could infringe upon the rights of other people, especially in the case of protests in public places.

It is important to note that with the right to assemble, comes the responsibility to keep the assembly peaceful. A rally, protest or any such assembly cannot be seen to threaten the peace and security of other members of the society, otherwise, it may tilt towards a criminal activity and the police may step in and have the organisers and participants arrested.

Hence, the right of protesters to peacefully protest does not extend beyond taking the streets to communicate a message. Anything that presupposes violence or unrest may no longer be deemed as an exercise of the right to a peaceful assembly.

And on the involvement of the police, Section 1(3) of the Public Order Act makes it mandatory for individuals or groups to apply for and obtain a police permit or approval to hold rallies and peaceful assemblies. The police have strictly followed the provisions of this section and have at various times in the past justified breaking up protests/rallies arguing they were unauthorised, as the conveners had not obtained a police permit.

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