The Defence Headquarters on Monday said troops had been placed on alert to support the police during the nationwide protest scheduled for Tuesday (today).
This was as senior lawyers and civil society organisations cautioned against military deployment during the rally, noting that it could aggravate the situation and trigger violence.
The October 1 protest tagged #FearlessInOctober is a continuation of the #EndBadGovernance protests held between August 1 and 10 in response to the economic hardship experienced by many Nigerians.
The protests resulted in violence in parts of the country, especially in the North, which led to looting of shops and warehouses while some participants waved the Russian flag and demanded a regime change.
In response, the authorities apprehended no fewer than 30 protesters with Russian flags in Kano and other states.
Also, one of the Russian flag producers, identified as Ahmed Bello, was arrested with a large quantity of flags in Kano.
Ten of the protesters were subsequently arraigned before a Federal High Court in Abuja on a six-count charge bordering on alleged treason, mutiny and inciting Nigerians against the administration of President Bola Tinubu.
They were allegedly incited by a 70-year-old Briton, Andrew Wynne, who is said to be at large.
Military deployment
However, speaking on security preparation for the October 1 protest in an interview with one of our correspondents, the Director of Media Operations, Maj. Gen. Edward Buba, stated that troops would support the Nigeria Police Force to maintain law and order.
He said, “The military is on alert and prepared to support the police in line with constitutional provisions, particularly in the face of breakdown of law and order.”
Also, the 33 Artillery Brigade in Bauchi State said it was ready to assist the police in ensuring law and order during the protest.
However, the Public Relations Officer, 33 Artillery Bauchi, Solomon Hallet, explained that the brigade had yet to get any request from the NPF.
He stated, “You know our constitutional responsibility is when we are called upon. And the military is always ready at all times. But if we are not called upon, we have no business with civil disturbance.”
Based on its constitutional mandate, Hallet said the military should assist the police, adding, “At this point, we have not been called upon to do anything so I cannot tell you our level of preparation against it or anything.
“I am a Nigerian and a military officer, I have signed to do my work irrespective of protest or not. We, the military, are in the background. We don’t need to interfere in anything civil until we are called upon.”
The spokesman, Division 7 of the Nigerian Army in Borno State, Lt. Col A.Y. Jingina, told one of our correspondents that troops in the state were on “high alert” to support the police in enforcing law and order ahead of the Independence Day celebration today.
“We have always done that, because of the nature of this place. Anytime the police call us to do that, we always help them. As we speak, we already have men on ground. You know this is an operational ground, so we have our men on ground but we cannot disclose the number of men we are deploying for the operation.”
In a related development, the Federal Capital Territory Police Command said it had commenced deployment of personnel and equipment for today’s Independence celebration.
The command, however, was silent over its preparation for the protest.
In a statement on Monday, the command’s spokesperson, Josephine Adeh, said the deployment included Explosive Ordnance Disposal personnel, anti-riot equipment, and visibility policing, among others.
She added that this was to ensure FCT residents had a peaceful Independence Day celebration.
She said, “The FCT Police Command, in anticipation of the upcoming October 1st Independence Day celebration, has strategically deployed adequate personnel and equipment throughout the FCT.
“These proactive deployments aim to ensure that residents of the FCT enjoy a hitch-free Independence Day celebration. The deployment will include Explosive Ordnance Disposal personnel, anti-riot equipment, and visibility policing, among others.”
She also said there would be traffic diversion in areas likely to witness large crowds, especially the Eagle Square, where the protesters had vowed they would converge for the protest.
Adeh said, “Traffic diversions will be implemented in areas expected to experience large crowds, including Central Area and Eagle Square.
“While celebrating Independence Day, residents of the FCT are encouraged to remain vigilant and report any suspicious movements or activities to the FCT Police emergency lines: 08032003913, 08028940883, 08061581938, 07057337653, PCB: 09022222352, CRU: 08107314192.”
Similarly, the Nigeria Security and Civil Defence Corps on Monday deployed 3,500 personnel across the FCT to ensure security during the country’s 64th anniversary.
Adegoke also expressed concern over potential human rights violations that could arise if soldiers were involved.
“Soldiers are a set of people that are not suitable to engage in a civil process,” he said, urging the government to prioritizse the role of the police in handling civil demonstrations.
“I believe that the best the government can do is to use the police to control the situation and not bring in the soldiers.”
Lagos lawyer, Mike Ozekhome (SAN), simply said, ‘’No, soldiers are trained to contain external aggression, not internal peaceful protests which is a universally sanctioned right. It is a wrong step that could have ricocheting effects.’’
Another senior lawyer, Mohammed Mohammed, asserted that the right to a peaceful assembly and protest was provided in Section 40 of the 1999 Constitution and Section 84 of the Police Act and should be respected.
“However, such rights are not absolute. Where it’s envisaged that the protest will turn violent, against the public interest, and affect the rights of other citizens, the police and soldiers will have every legal right under section 33 subsection 1 and section 214 of 1999 constitution to protect the life, property, and rights of other citizens of Nigeria,” Mohammed stated.
“The last protest turned out to be violent, even in FCT, it was the protective measures by the FCT minister, Nyesom Wike, that saved the situation, otherwise, FCT could have turned to something else.
“Therefore, it’s the duty of police and soldiers to protect the lives and property of Nigerians in the case of any violence or breakdown of law and order. Rather than embark on protest, it will be better if the protesters engaged with the government for an amicable resolution of any of their legal rights.”
Speaking on the conditions under which protests should be managed, Augustine Alegeh, SAN, emphasised the importance of peaceful conduct during the rally.
“If protesters are peaceful, nobody will attack them. If it is not peaceful, they will have the ability to contain any violence that may affect lives or property of third parties,” Alegeh said, underscoring the necessity of peaceful assembly.
He further highlighted that if protests were non-violent, law enforcement agents would have little reason to intervene.
“If protests are peaceful, police will not even need to engage the protesters,” Alegeh stated.
“If hoodlums or criminals are sent to convert the peaceful protest into a violent protest, even the peaceful protesters are in danger. You that are protesting peacefully, you would need protection from the police,” he added, stressing the potential for peaceful demonstrators to become unintended targets of violence.
Another legal practitioner, Ahmed Musa, emphasised that the responsibility for managing the situation should remain with the police, as there is no indication that military involvement is necessary.
He asserted that the police were capable of maintaining control, adding that military intervention should only be when the situation becomes unmanageable by the police.
He noted, “The responsibility should be left to the police to handle that and it hasn’t gone to the point of involving military personnel.
“Yes, the military can come in when the situation is warranted. But as it is now, nothing has happened. Nothing has shown that it is beyond the Nigerian police. The military men are meant to protect the borders and shores of the country and not internal security issues.”
The Executive Director of the Rule of Law and Accountability Advocacy Centre, Okechukwu Nwanguma, said while the appropriate deployment of police would ensure safety and order during the protests, the “militarisation of the protests would create an atmosphere of intimidation and undermine citizens’ rights.”
He said, “Peaceful protests are a fundamental civic responsibility and constitutional right for citizens to express their views and hold authorities accountable. The deployment of police to ensure safety and order during protests is appropriate. Their presence can help prevent violence and protect participants from potential threats.”
“However, there are concerns regarding the DHQ’s plan to deploy the military. The use of the military in civilian protest settings can be deemed excessive and unnecessary. It may evoke fear and create an atmosphere of intimidation, which undermines citizens’ rights to peaceful assembly and expression. Intimidation through military presence could discourage public participation in democratic processes and stifle dissent essential for a healthy democracy.”
Speaking further, he noted, “It is crucial for authorities to engage in dialogue with citizens and protest organizers to address concerns and ensure that protests can occur safely without the fear of violent suppression. The militarization of protests has contributed to public distrust in the government, leading to greater discontent and unrest among populations advocating for their rights.”
The Executive Director of the Civil Society Legislative Advocacy Centre, Auwal Rafsanjani, faulted the DHQ for planning to deploy soldiers, advising that the military authorities should rather direct their attention to terrorists and bandits.
He said, “I don’t think it is good for the military to make this talk at this time. I think the military should deal with the bigger threats affecting the integrity of the nation and the survival of Nigeria. They should focus more on those things rather than coming to vent their anger on the innocent, unarmed protesters who want to protest against the evil of government policies and programmes.
“The DHQ should understand that we are in a democracy, and it is only when the other security forces are overwhelmed, and they look for their help that they can even intervene. But to even come and be making these threats, I do not think Nigerians will give them the respect they deserve.”
Court restrictions
Meanwhile, a High Court in Abeokuta, Ogun State, restricted the protesters in the state to the MKO Abiola Stadium in Abeokuta, Gateway International Stadium, Sagamu; Dipo Dina Stadium, Ijebu Ode and Ansar-Ud-Deen Comprehensive High School, Ota.
The court, presided by Tajudeen Okunsokan, gave the order following an application brought by the Attorney-General of Ogun State in suit no AB/667/2024, and with Messers Afolabi Adeboye, Ifemosu Michael, Lekan Soneye (for themselves and members of the #FearlessInOctober protests); Bestman Okereafor (on behalf of the Progressive Students Movement), Francis Adeyanju (on behalf of the National Association of Nigerian Students) and Thomas Kehinde (on behalf of the National Association of Ogun Students), as respondents
Other respondents listed in the suit are Yinka Folarin (on behalf of the Committee for the Defence of Human Rights), Nicholas Eko (on behalf of the Socialist Democratic Movement), Koyejo Morenikeji, persons unknown and the Commissioner of Police, Ogun State.
By that order, the protesters are mandated not to converge on any part of the state except the designated venues.
The court directed the Commissioner of Police to ensure the enforcement of the ruling, which shall run for seven days as provided under Order 39 of the High Court of Ogun State (Civil Procedure) Rules 2014.
Also, the Chief Judge of Kwara State, Justice Abiodun Adebara, on Monday ordered that public protests in Kwara State should only be held at the Metropolitan Square in Ilorin, the state capital.
Ruling on an ex-parte motion filed by the Kwara State Attorney-General and Commissioner for Justice, Ibrahim Sulyman, Adebara said he’s persuaded to grant an order of “interim injunction directing the fourth respondents (unknown persons) whether by themselves, agents, privies, servants or any person(s) acting through them not to converge, carry, conduct any act or form of their proposed peaceful public protest, rallies, processions and or meetings in any other place except at the Metropolitan Square, Asa Dam Road, Kwara State, in the interest of the general public on the 1st October, 2024, or any other date”.
The court also ordered the Director of State Security Service, Commissioner of Police, Commandant of the Nigerian Security and Civil Defence Corp to provide adequate security for for all citizens and residents of Kwara State, as well as the infrastructures provided by the government against the fourth respondent’s act of protest or any form of protest “on the 1st of October 2024 or any other day.”
The court asked that processes in the suit be served on the respondents by substituted service by pasting same at the High Court of Justice premises in Ilorin.
The court added that the interim injunction will be in force for at least seven days. Justice Adebara then adjourned hearings in the suit till October 21, 2024.
Ahead of the planned October 1 protest, the National Human Rights Commission has called on protesters to ensure they exercised their rights within the ambits of the law.
The executive secretary of the commission, Anthony Ojukwu, SAN, advised law enforcement agents to respect the rights of protesters to peaceful assembly and expression as enshrined in the 1999 constitution and other regional and international instruments that Nigeria is party to.
Speaking at a press conference on Monday in Abuja, Ojukwu, reading from an advisory titled “Protect the Right to Peaceful Assembly and Association”, stressed that protests were vital for democracy and citizen engagement in governance.
He said, “Government should provide adequate protection for protesters against violence or intimidation as well as facilitate peaceful assemblies through appropriate measures. Government must put in place effective Accountability Mechanisms for holding the law enforcement and security agencies accountable for any abuses committed during protests. This includes investigating incidents where excessive force was used or where protesters were unlawfully detained.
“Government must deploy its apparatus for the protection of private and public properties as well as the lives of protesters and non-protesters before, during and after the protests.”
Meanwhile, the Assistant Inspector-General of Police in charge of Zone 7, Benneth Igweh, has accused the Islamic Movement of Nigeria, popularly known as Shi’ite, of planning to disrupt the Independence Day celebration.
The AIG added that their plans were uncovered following credible intelligence by the FCT police command.
“We have a lot of intelligence that some miscreants… including members of the proscribed Islamic Movement of Nigeria, want to be on the streets,” Igweh said while addressing journalists in Abuja on Monday.
“I want to say that because they have been proscribed, they do not have rights to assemble; they do not have the right of procession; they do not have rights to protest. We are going to readily wait for them and their groups, who may like to foment trouble of any kind.
“So, tomorrow (today), we are going to ensure your safety. We are ready for that. We will not shy away from our responsibilities and if anybody decides to join the proscribed group, so be it.”
Asked if the FCT command was prepared for the protest, the AIG said the command was yet to be notified of any protest billed for today.
“Even if they wrote to our bosses, they would have informed us. All forms of protests are expected to be conducted within the ambit of the law, and those who participate in the unlawful protest would be treated accordingly.”
