By Milcah Tanimu
Senior Advocate of Nigeria and human rights activist, Femi Falana, has emphasized that while Nigerians have the fundamental right to protest, calling for a coup is a treasonable offense. This statement comes amid violent protests in Northern Nigeria, where protesters were seen waving Russian flags and chanting “Tinubu must go.”
Falana noted that sections 39 and 40 of the Nigerian Constitution, along with articles 9 and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, guarantee the right to protest. However, he stressed that this right must be exercised peacefully and within the law.
“The right to protest is required to be exercised peacefully within the ambit of the law,” Falana said. He highlighted that section 83(4) of the Police Establishment Act 2020 mandates the Nigeria Police Force to provide security for citizens participating in public meetings, rallies, and protests.
Falana praised the police for their professionalism in many parts of the country during the #endbadgovernance protests but warned against undemocratic forces hijacking these protests. He stated, “Calling for a military coup or waving the flag of Russia, a country that supports unconstitutional changes of government in Africa, constitutes a gross abuse of the constitutional right to protest.”
He urged those involved in such activities to stop immediately, warning that they could be accused of treasonable felony under section 41 of the Criminal Code Act.
Falana also called on the Bola Tinubu administration to review policies contributing to poverty and hardship. He suggested that the Nigerian National Petroleum Corporation Limited should negotiate lower petroleum product prices and that government officials should engage more with citizens to inform policy decisions.
He concluded by emphasizing that constructive civic engagement is the democratic path forward, rather than advocating for a military coup.
The protests have sparked nationwide reactions, with experts labeling the actions as “treason” and contrary to the Nigerian constitution.