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A growing chorus of voices is questioning the Nigerian government’s approach to managing the #EndBadGovernance protests. The charging of certain protesters with treasonable felony has sparked a nuanced discussion about the limits of executive power and the protection of citizens’ rights.
Senior legal practitioners and civil society organisations contend that the government’s action is a deliberate ploy to chill free speech and suppress protests, even when policies are causing significant distress to the population.
At the Federal High Court in Abuja on Monday, Justice Emeka Nwite oversaw the arraignment of a group of at least 10 protesters from the #EndBadGovernance movement, who were arrested in various locations including Abuja, Kaduna, Kano, and Gombe.
The protesters faced allegations of attempting to wage war against the state, with the goal of intimidating the President, by allegedly attacking and injuring police officers, setting fire to police stations, and vandalizing various properties, including the Nigerian Communications Commission complex and the Kano printing press, during the demonstrations that took place from August 1 to 10.
Nigerians took to the streets to protest the cumulative effects of the fuel subsidy removal, electricity tariff increase, and high cost of living, which had created a harsh economic environment and highlighted the need for urgent reforms.
No fewer than 17 people were reportedly killed in Abuja, Kano, Niger, Borno, Kaduna, and Jigawa, while others were injured as security operatives attempted to quell the unrest. A total of 1,135 people were arrested during the protests.
However, the 10 protesters who were arraigned pleaded not guilty to the six counts filed against them in the FHC/ABJ/CR/454/2024 suit.
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Commenting on the charges, foremost legal practitioners warned the Federal Government against trivialising treason and branding dissent and protest as treasonous.
A human rights lawyer, Jiti Ogunye, said the treason charge against the protesters depicted the unseriousness and recklessness of the FG, declaring that the security agencies were also “treason-happy.”
By branding protesters as attempting to overthrow the government, President Tinubu’s administration was, in Ogunye’s view, demonstrating a blatant disregard for the rule of law and undermining the democratic rights of citizens to express dissent.
Ogunye expressed skepticism about the charge, predicting that the government’s efforts would be in vain and that securing a conviction would be highly unlikely.
Ogunye said, “Historically, every administration we’ve had in Nigeria, since the colonial era, has unfortunately treated dissents and political opposition as criminal and treasonable. But they didn’t succeed in the accusations.
“Treason has become commonplace, and I am worried that protests and civil disobedience could be branded as treason or treasonable felonies.
“I was not expecting the Attorney General of the country to do that because it is a futile effort. They can never get any conviction based on treason. Treason is the height of crimes in Nigeria.”
Ogunye emphasized that freedom of expression is a fundamental pillar of democracy, stressing that individuals should not be labeled as treasonous for simply exercising this basic right.
“When you are building a democratic society, and you want to deepen it, the concomitant of it is the right to freedom of expression, which includes protest.
“The exercise of that right ought not to lead to a hasty and unthinking resort to treason or treasonable felony. It’s too cheap,” he added.
He warned the government not to make treason a cheap offence.
“The impression they are creating is that the administration is not loved, and people want to overthrow a government that is not up to two years old.
It was suggested that the government’s response to dissent and protest was disproportionate and ill-conceived, with government agents’ actions being viewed as arbitrary and heavy-handed.
