ABUJA’S SHI’ITE KILLINGS AND THE MILITARY

The news of the clash between Shi’ites and the Nigerian military in Abuja which led to the death of many and the injuring of many is lamentable. The clash was as a result of a protest organised by the Shi’ite group demanding the release of their leader Sheikh El-Zakzaky who has been in detention for more than two years, despite the fact that there’s an order of the court granting his bail.

It was a peaceful protest of an unarmed civilian population demanding for the release of their leader, but the military disrupted the peaceful protest and dispersed the protesting civilians by shooting at them.

Every right thinking person must express his abhorrence at the brutal repression of the Shi’ite protest in Abuja by the military through the excessive and unlawful use of force. This is nothing but a case of human rights abuse by the Nigerian military.

Assuming but not conceding that the Shi’ites protesters have violated some laid down rules, their offence in any civilised and right thinking society does not call for awful killings. There’s no justification whatsoever for killing unarmed civilians.

It was an analogous rash action of the Nigerian military that gave birth what is now Boko Haram. I pray and hoped that the military is not opening a Pandora’s box by extra-judiciously killing the Shi’ites.

After the incident, I continually asked myself these questions: is it criminal for a Nigerian to protest against the government? When does the right to protest become criminal in Nigeria? Today is the Shi’ite, who else could be victim tomorrow? These questions are still extant in my thought begging for answers.

This killing is a clear sign of the failure and ineffectiveness of the government; for the primary obligation and responsibility of every government is the protection of its people. No right thinking government will resort to killing its people for protesting.

For the records, President Muhammadu Buhari himself as candidate, Chief John Odigie- Oyegun, Rotimi Amaechi, Ogbonnaya Onu and other chieftains of APC in December 2014, literally shut down Abuja, protesting against the Jonathan government. They carried the rally to Aso Villa, Eagle Square, National Assembly and Abuja streets. Heavens did not fall. They were not killed.

It is high time for our government to understand that protests play an important part in the civil, political, economic, social and cultural life of all societies.

Historically, protests have often inspired positive social change and improved protection of human rights, and they continue to help define and protect civic space in all parts of the world. Protests encourage the development of an engaged and informed citizenry and strengthen representative democracy by enabling direct participation in public affairs. They enable individuals and groups to express dissent and grievances, to share views and opinions, to expose flaws in governance and to publicly demand that the authorities and other powerful entities rectify problems and are accountable for their actions.

The right to protest is the individual and/or collective exercise that is universally recognised and guaranteed as a human right. Under international law states are enjoined to respect the right to protest: They should not prevent, hinder or restrict the right to protest. States are equally enjoined to protect the right to protest: They should undertake reasonable steps to protect those who want to exercise their right to protest. This includes adopting measures necessary to prevent violations by third parties. Similarly, states are enjoined to fulfil the right to protest by establishing an enabling environment for the full enjoyment of right to protest. This includes providing effective remedies for violations of all human rights embodied in the right to protest.

The right to protest in Nigeria is a constitutional right guaranteed to Nigerians. The 1999 Constitution provides for the right to the freedom of expression and peaceful assembly under sections 39 and 40 respectively.

This has received judicial blessing in the case of Inspector- General of Police V. All Nigeria Peoples Party (2007) 18 NWLR (Pt.1066) 457 C.A. where Adekeye JCA held that “Public Order Act should be promulgated to compliment sections 39 and 40 of the Constitution in context and not to stifle or cripple it. A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilised countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”

Is it that the Nigerian military personnel are lacking in the knowledge of the extant laws that guarantee the right to protest to Nigerians?