By Jeffery Orji
The right to protest is a human right arising out of a number of recognized human rights. While no human rights instrument or national constitution grants the absolute right to protest, such a right to protest may be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech. Except in an autocracy or dictatorship, the right of citizens to protest against those in authority is both constitutional and democratic.
Section 40 of the 1999 Constitution of the Federal Republic of Nigeria provides amongst other things that: Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests. It is indisputable that the provisions of the Nigerian Constitution are binding on governments, authorities and persons. Section 1 (1) of the 1999 Constitution provides: The Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
To further express the superiority of the Constitution, Section 1(3) adds: If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void. Since human rights are enshrined in our Constitution, it follows therefore that the provisions containing our fundamental rights are also binding on governments, authorities and persons.
It is, however, generally accepted that fundamental rights in fact existed before the Constitution. Thus, the entrenchment of human rights in the Constitution did not create them, instead it protects and guarantees them from undue interference and enables their assertion.
Every Nigerian has the legitimate and constitutional right to protest and demonstrate peacefully in a democratic dispensation. It is NOT an act of treason to March against the President and to protest about the insecurity in the country. Mr Omoyele Sowore, who expressed desire to demonstrate peacefully did not commit any crime. He chose to call his protest a “revolution” in order to emphasize his zeal and the importance of the event. Omoyele Sowore had no arms. He has not threatened to conduct an armed struggle or engage in an armed insurrection or to kill anyone so this can only be a “revolution” in name and by words.
Mr President, the arrest of publisher of Sahara Reporters/presidential candidate of the African Action Congress in the February 2019 general election, Mr. Omoyele Sowore by Operatives of the Department of State Services in the early hours of 3rd of August 2019 at about 1.25 a.m on what are said to be trumped-up charges, including treason, money laundering and stalking the president in his apartment was unconstitutional and condemnable in the first place. Sowore had expressed the intention to spearhead nationwide protests against the Federal Government, tagged ‘#RevolutionNow Days of Rage,’ scheduled for Monday, August 5, 2019. Little wonder why the entire world has been against that decision which has seen him locked up since five months and so many has described it as act of cowardice, timidity, out of touch with globalization and one being fearful of ones’ shadow. 
Come to think of it, how many have been arrested from the various murderous northern Supremacist and hardline Fulani extremist groups who are all armed and fully loaded and have stated their intention to kill every southerner in the North unless and until RUGA is accepted and implemented. They are filled with hate, they have arms, they are racists, ethnic supremacists, and have publicly stated murderous intent. What of the boko haram group and the heartless herdsmen that have wreaked havoc on virtually all regions of Nigeria? Your government Continue to use the disgruntled elements of the DSS security service to instill fear, intimidate and arrest innocent citizens that do not carry arms, nor threaten to kill but you charge them with treason, detain, jail, and even label IPOB a terrorist organization. I feel so ashamed when people describe Nigerian president, as simply a mockery to humanity with concepts and ideology that are vague and completely beyond human imagination. A President that hardens his heart to reasons and resorts to terrorizing, maiming and killing his own citizens, when he is prepared to do anything, including turning blind eye to mass murder, ethnic cleansing and genocide, in order to intimidate and subjugate citizens. A President that dictates, threatens and intimidates the Judiciary and emasculate the legislature, when he muzzles the media, detain activists, journalists, bloggers, writers, political commentators, brutalizes the people and treats them with contempt and disdain. Another matter of concern is the bill now making its way through Nigeria’s Senate which proposes death penalty for some instances of “hate speech. “A second Media Bill, modeled on a new Singaporean law, calls for government critics to spend as much as three years in Prison.
The courts has on different occasion granted bail to Omoyele Sowore and Sambo Dasuki but you disregarded this court rulings until International governments mounted pressure on you before giving directives for their release. Although, you may not be conversant with the Holy Scriptures but, as you remain a ‘Jihadist’ let me draw your attention that even Pharoah of Egypt tenure came to an end and he was humiliated at the end of his reign and such awaits you. Everything has an expiry date, including the wickedness of the wicked, the rulership of the proud, the arrogance of the arrogant and the tyranny of tyrants. When their cup is full and God says “it is time “the spell will be broken and they shall vanish like chaff before the wind.
Meanwhile, be rest assured that IPOB members and supporters in diaspora will not and never leave any stone unturned towards the realization of Biafra Sovereign state. The struggle is no longer a matter of “if” but just a matter of time, and must be achieved.
