Foremost Law Teacher, eminent Bar man and Senior Advocate of Nigeria, Prof Ernest Ojukwu, SAN has noted with serious misgivings the recent threat credited to the Lagos State Police Command to arrest and prosecute members of the Nigerian Bar Association, particularly the officials and members of the Ikeja Branch of the Association over the planned peaceful protest during the occasion of the visit of President Muhammadu Buhari to Lagos State today.
“The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done in accordance with the law. It means also that government should be conducted within the framework of recognized rules and principles which restrict discretionary powers.” These were the immortal words rendered by the Supreme Court in the words of Obaseki JSC over three decades ago, in the evergreen case of Military Governor of Lagos State vs. Odumegwu Ojukwu.
As the rank and file of the Nigerian Police know or reasonably ought to know, the rights to freedom of expression, the rights to peaceful assembly and association including the rights peaceful protests are part of the fundamental rights of all Nigerian citizens, including members of the legal profession and these rights are recognized and enshrined under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999, the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights. Furthermore, the scheduling of protests to coincide with high publicity events such as presidential visits is a well-known technique available and respected the world over. The employment of words such as “dire consequences” or “arrest and prosecution” to threaten citizens is therefore an unfortunate throwback to long gone days of military juntas.
Professor Ojukwu therefore counsels the Nigerian Police not to embark on any actions that will reflect negatively on the rule of law mantra of the Buhari administration and paint the country in negative light. The officials and members of the Nigerian Bar Association and the general public are also encouraged to express themselves peacefully and not to engage in any conduct that will endanger the peace.
