The fundamental right to Freedom of Expression is incontestably one of the inalienable endowments of the human being. Unlike the right to life, it is nearly inseparable and a sine qua non to the enjoyments of other human rights as copiously provided for both in local and international legal instruments. At times the right to expression is read in conjunction or rather used synonymously with the right to Freedom of Association and Assembly for effective and holistic digestion.
Divest man this right and see him become a pitiable dummy incapable of relieving himself from ill-feelings and depression motivated by the government’s doings. He subconsciously represses his angst, dying silently.
International Communities have over the years appreciated the sacredness of the human ability to express itself in whatever medium it pleases. Thus drafters of the International Convention on Civil and Political Rights were sensible enough to provide in Article 19(1) and (2) that “everyone shall have the right to hold opinions without interference” and “everyone shall have the right to freedom of expression; this right shall include the freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers, either orally, in writing or print, in the form of art or through any media of his choice.”
As an unprepared signatory, the Nigerian state imported the ICCPR provisions aforesaid with mild alteration evident in section 39 of the Constitution of the Federal Republic of Nigeria,1999.
The usefulness of the right to freedom of expression was succinctly captured by the UN General Assembly in its first session when it stated that this right is a touchstone to the liberties to which the United Nations is dedicated. Even Justice Cardozo, in his famous remark, said, “It [freedom of expression] is the Matrix, the indispensable condition of nearly every other form of freedom.”
Despite all these, the Government of Nigeria has tactically excused itself from strict enforcement of this citizens’ right, evident in its unceasing hunger to unleash mayhem on unsuspecting citizens who muster courage and assemble their nerves to unshackle themselves from an aged life of misery and quag suffered in the hands of political robbers.
Thus, attempts to question our unsanctioned detention in the dark by people who readily lay claim to leadership is matched with unproportionate state-sanctioned repulsive force.
What has continued to elude the average citizen is whether the right to expression doesn’t embrace the right to protest.
Protesting is the most potent means to convey the citizens’ message to the government for critical appraisal; same with voting exercise. Voting affords citizens ample opportunity to express their opinions about candidates impliedly. Nearly all substantial revolutions executed the world over began with street agitations. The economic, socio-cultural, and political effects of protest in a state cannot be overemphasized; it allows citizens a sense of stake holding in tandem with the Social Contract theory and births sustainable developmental changes in government policies
It’s disconcerting a great deal how the government treats Youth protesters in Nigeria – state-sponsored violence, security personnel’s inhuman and debasing treatment, unnecessary blood irrigation of cursed soil. The ultimate penalty is to beat a child and scold him not to cry.
I need not recount the ugly events of the October of the previous year, the EndSARS saga, and the consequent Lekki Tollgate massacre. It is laughable that the army has remained unperturbed in issuing out denials of its involvement even when the affected state government’s panel of inquiry has submitted its report. How incredible that such grotesque incident was re-enacted February 2021, at the same toll gate.
The government at the center should be wary of the wicked way it treats Youths who are tomorrow’s leaders. With these tides of political over- lording and uncool handling of citizens’ avenue of expressing grievances, the environment is overbearingly discouraging. The 35 States, including the Federal government should borrow a leaf from the executive ingenuity and activism of the benign Governor of Enugu State, His Excellency Dr. Ifeanyi Ugwuanyi.
Recall that his Deputy Governor, Mrs. Cecilia Ezeilo, led thousands of Enugu Youths in the said EndSARS protest in her most uncommon intrepidity. She was commended for that brazen show of undauntedness and valour in solidarity with her people against security operatives brutality.
Again, as would governors of civilized nations, Governor Ugwuanyi addressed his people, pledged his support to attend to pressing state matters, and his assurance to continue dispensing the dividends of democracy within the capacity of state coffers. Ugwuanyi ensured no life was lost amongst the peaceful protesters within the metropolis though certain ill-minded political tradesmen chose to cash in on the prevailing event to score cheap points. The myth behind that smokescreen is yet to unfurl largely. However, surveillance were mounted to guard the movement of protesters.
What the human rights proponent Governor did was nothing short of the provisions of UN Human Rights Counsil’s resolutions in its 38th session on the Promotion and Protection of Human Rights in the context of Peaceful Protest, particularly under Principle 2 which stipulates that:
“States should not prevent, hinder or restrict the right to protest; States should protect the right to protest, and should undertake reasonable steps to protect protesters by adopting measures necessary to prevent violation by third parties; States should fulfill the right to protect by establishing an enabling environment for the full enjoyment of the right to Protest.”
Another inspiring part of citizens enjoying these rights is the policing of protesters. Principle 12 of the said resolution obliges States to adopt the human rights approach in protecting protesters, which is the opposite of what Nigerian governments at the Federal and state levels do.
Ugwuanyi’s strict adherence to the local and international instruments of humanity, especially on the humane treatment of protesters, is unassailable. This singular act has endeared him more to his people of Enugu State.
If citizens are obliged to vote even at the pain of glaring unfriendly political firmament, then they should be entitled to lay bare their innermost recesses through protests and other platforms conducive for that purpose.
Enugu State is in the hands of God.
Written by
IKEMSINACHI NWA-ONAH
WRITES FROM MAKURDI, THE CITY OF BENUE.
MEADIA TEAM MEMBER OF ENUGU DI N’AKACHUKWU MOVEMENT