Quizzes

Stacks

Shows

Podcasts

Newsletters

Naira Life

Love Life

Hustleprint

Love Currency

Sunken Ships

What She Said

My Bro

So You Don’t Have To

Interview With…

Zikoko Memes

Jollof Road

Cholera Outbreak Update

Follow our socials

  • Credit: BBC

    Talk is cheap everywhere except Nigeria where you can be detained for publicly demanding good governance, even if you’re a child. 

    On Thursday, August 1, Nigerians stormed the streets with placards, squeezed faces and loud voices that echoed the sound of a common frustration – hunger and economic hardship. Some of these Nigerians were old while others were young– too young to be victims of bad governance. But most of them believed that everything that has gone to shit can be traced back to President Tinubu’s reforms. 

    What started as a demand for change quickly turned violent, with security forces clashing violently with protesters across multiple states. The aftermath was ugly—at least 22 civilians lost their lives, including minors. Northern Nigeria has some of the worst cases of military and police violence – from live ammunition to tear gas. Media personnel weren’t spared either; at least 56 of them were harassed for doing their jobs, and about 1,200 protesters were arrested across the country. 

    What’s happening now?

    76 of these arrested protesters appeared at the Federal High Court Abuja for their scheduled arraignment before Justice Obiora Egwuatu on Friday, November 1. They were accused of treason and conspiracy to destabilise Nigeria—a heavy accusation according to Section 96 of the Nigerian constitution and punishable under Section 97 of the Penal Code Act.

    At least 67 of these arraigned protesters were minors who looked anything but dangerous. While they all looked malnourished, four of them looked weaker than others and were rushed out of the court after they slumped because they couldn’t stand on their feet. 

    A few hours after their appearance in court, Justice Obiora Egwuatu put a big price tag on the freedom of the 67 minors, granting them bail of ₦10 million each. These children—some barely 15—now face the tough task of finding a surety, who must be a civil servant, to stand in for them.

    What does the Constitution say about this?

    The Constitution and the Child Rights Act make it clear that kids are not to be treated like adults in cases where the law is breached. In this case, there’s no evidence of these children being involved in the act of treason yet they have been subjected to a reality most kids their age would never know in their lifetime. 

    Section 34 of the constitution promises everyone, minors included, the right to dignity and freedom from inhuman treatment. The Child Rights Act, adopted from the UN’s Convention on the Rights of the Child, stresses that detention for minors should be the absolute last resort—and only for the shortest possible time. As a signatory to the UN Convention on the Rights of the Child, Nigeria also agreed that minors should be given a shot at rehabilitation, not harsh judgment.  The law even demands that minors be kept in separate facilities from adults and prioritises juvenile courts for their cases, aiming for rehabilitation, not punishment.

    So, with all this in black and white, you have to wonder why these kids, who look more like victims than villains, are sitting in adult courts and facing adult-size charges when there are laws that have been put in place to protect them. For now, it seems the law is being bent, stretched, or outrightly ignored to silence young Nigerians who dared to speak against bad governance. 

    [ad]

    What can you do?

    Today, 67 minors are facing outrageous charges, but it could be a lot worse tomorrow if we don’t speak against this abuse of law and power now. Nigerians are already speaking against the Federal High Court’s disturbing act, and the best way to act is to join the conversation. You can also fill out this complaint form to let the Federal High Court know that Nigerians will not remain silent while minors are detained and slapped with a bail of ₦10 million.

  • There are reports that the governor of Akwa Ibom, Umo Eno, wants to transfer the role of the state’s First Lady to his daughter, Helen Eno Obareki and Nigerians have started dragging the governor for “appointing” his daughter. While those reports are not entirely true, Governor Eno himself might be walking down a road that isn’t exactly constitutional. 

    The Backstory

    On September 26, Governor Umo Eno lost his wife, Patience Eno, to a sickness that’s yet to be disclosed. The unexpected death of the First Lady didn’t just throw the governor into a state of mourning, it also left him in a state of confusion – “Who’s going to be the new First Lady of Akwa Ibom?”

    Typically, the role of a First Lady is reserved for the wives of governors and presidents. But Governor Eno has told the First Lady of Nigeria, Remi Tinubu, that he has no plan of replacing what he and Patience, who he was married to for 38 years, had. 

    After cancelling the possibility of his remarrying, he told the First Lady that his daughter Helen would now have to work with “all her mothers” in Akwa Ibom, including the deputy governor and the commissioner for Women’s Affairs.

    So is the Akwa Ibom Governor transferring the First Lady role to his daughter? 

    If you ask Governor Eno, he wouldn’t use the word “transferring” because that would make the role of a First Lady look like Helen’s birthright, wouldn’t it? On Sunday, while at All Nations Christian Ministry in Akwa Ibom State, he explained that the reports claiming that the First Lady role itself has been transferred to his daughter are not entirely true. According to Governor Eno, it’s the duties that are being transferred, not the title.

    “First ladies are not appointed. They come with the governor,” he clarified.

    So if you’re wondering whether the people of Akwa Ibom would now have to call Helen their First Lady, the short answer is no. The long answer is that her father has given her other titles like the Senior Special Assistant to the Governor and the Coordinator, office of the First Lady.

    The late First Lady had programs, like Golden Initiative for All and the ARISE Initiative for the Elderly,  which she actively ran before her death. Helen will now be in charge of running these programs and continuing the responsibilities of the deceased First Lady to the women of Akwa Ibom. 

    Is this constitutionally allowed?

    The Nigerian constitution doesn’t officially recognize the office of the first lady, nor does it assign any official role to the president or governor’s wife. It might come as a little bit of a surprise especially since every democratic administration has acted like it’s part of the package. There’s no official appointment or qualification for this role. The only qualification would be a nice ring and a governor or president’s surname. 
    Even though it’s not a thing constitutionally, there’s no legal barrier to him delegating responsibilities to his daughter in the absence of a First Lady. Remi Tinubu has also shown that she’s in support of Helen taking up this role so nothing is stopping her from being the coordinator of the First Lady’s office.

  • Citizen is a column that explains how the government’s policies fucks citizens and how we can unfuck ourselves.

    The Nigerian police are always averse to protests. But things took a different turn earlier today when the Lagos State government, through its official Twitter account, stated that the Lagos State police command has vowed to resist any protests in Lagos State, under any guise or “nomenclature”.

    As expected, a lot of social media users were angry at the declaration. Many people referred to the constitution as supporting the rights of citizens to protests, and they went on about how the police and the Lagos State government were trying to stifle the rights of displeased Nigerian or protesters.

    Curiously, we decided to look at the laws that guide assembly in Nigeria, including if and when the Nigerian police can put an end to protests in Nigeria. Just maybe the police and the Lagos State government were seeing some things we weren’t.

    Read: Who Has Powers Over The Nigeria Police Force?

    1. Section 40 of the Constition

    The most important position of the law for anyone who wants to understand the position of Nigerian laws on protests is Section 39 and 40 of Nigeria’s 1999 constitution.

    Section 39 of the constitution guarantees free speech while Section 40 of Nigeria’s 1999 the constitution states 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 association for the protection of his interests.

    This provision states simply that everyone is entitled to assembly freely and associate with other people.

    However, Section 45 of the constitution states that any law against section 40 is valid if it is in the interest of defence, public safety, public order, public morality or public health, or in the interest of protecting the freedom of other people.

    So, the only thing that can affect the right to hold a peaceful protest is if the government makes a law that restricts movement in the interest of defence, public safety, public order, public morality or public health or in the interest of protecting the freedom of other people.

    But the laws on assembly are not finished.

    2. Public Order Act of 2004

    The “Public Order Act” was enacted in 2004.

    Section 1(1) of the act gives a governor of a state the power to direct the conduct of any assembly on a public road or all public places of resort in the state, and prescribe the route any procession may pass.

    Section 1 (2) also states that anyone who wants to convene any assembly or meeting or of forming any procession in Nigeria must have a licence to do so.

    The person must first make an application for a licence to the governor not less than 48 hours before the assembly, and if the governor is satisfied that the assembly is not likely to cause a breach of the peace, he must direct any superior police officer to issue a licence, not less than 24 hours to the assembly, specifying the name of the licensee and defining the conditions on which the assembly to take place.

    If he is not so satisfied, he must convey his refusal in the same manner to the applicant within the time stipulated.

    Section 1 (4) of the Act also gives the governor the power to delegate his powers in relation to the whole state or part thereof, to the Commissioner of Police of the State or any superior police officer of a rank not below that of a Chief Superintendent of Police.

    This means that a state governor has to give a licence before people can assemble in any state, and he can delegate his powers to the commissioner of police of the state.

    But the position of the law is still not over with regards to protests.

    3. All Nigeria People’s Party v. Inspector General of Police (2006)

    In this case, All Nigeria People’s Party (ANPP) took the IGP to court and challenged the constitutionality of the police permit under the Public Order Act after the police disrupted their rally.

    At the Federal High Court, the Judge stated the Public Order Act is a violation of section 39 and 40 of the constitution, and chapter 11 of the African Charter on Human and People’s Right, and the law is a violation of the right of people’s assembly to free speech.

    The judge agreed with Mr Falana, the lawyer for ANPP, that Nigeria’s criminal law should be used to prosecute violent protesters, but the rights to assemble cannot be taken away if they protest peacefully.

    The judge conclusively stated that “sections 1(2),(3),(4),(5) and (6), of the Public Order Act are inconsistent with the fundamental rights provisions in the 1999 Constitution and to the extent of their inconsistency, they are void. I hereby so declare.”

    4. In Conclusion

    The Federal High Court has held, through a continuous order, that the Inspector-General of Police, whether by himself, his agents, privies and servants cannot prevent aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.

    The Court of Appeal also held, on the same case, that permits for peaceful demonstrations are things of the past, and that protesting peacefully is part of the fundamental pillars of a democracy.

    It is now a settled case that peaceful protests are guaranteed under the Nigerian constitution, and are an important part of Nigeria’s democracy. And they cannot be denied except in a situation where Nigeria or part of the country is in a special emergency like a disaster.

    Quiz: What Are You Most Likely To Get Arrested For?

    [donation]

  • Citizen is a column that explains how the government’s policies fucks citizens and how we can unfuck ourselves.

    Nigerians are wondering if we can vote for a new constitution.

    The curiosity began, again, when Chileans voted on October 25, 2020, for a new constitution. 78% of Chileans voted in the referendum that the constitution should be re-written, and 79% voted that the constitution should be written by new writers elected by the people. Curiously, the “Chilean revolt” has gotten Nigerians wondering if we can also vote for a new constitution.

    Read: Hello Nigerian Constitution, We Have Some Amendments To Suggest

    What Is A Referendum?

    A referendum is a general vote by the people on a single political decision which has been referred to them for a direct decision.

    A referendum can be a nationwide vote on whether a country should change its old constitution to a new constitution, or whether it should make a policy decision or not.

    An example of a popular referendum in action is the “United Kingdom European Union Membership Referendum” of 2016, which is popularly known as the “Brexit referendum”. In that referendum, 52% of UK citizens voted to leave the European Union, and 48% voted that the UK should remain in the European Union.

    The vote is binding, and the UK left the European Union on January 31st, 2020.

    Can Nigerians Partake In A Referendum?

    There is no provision in the Nigerian constitution that provides for a direct referendum in the constitution.

    However, Section 14(a) of the Nigerian constitution states that “sovereignty belongs to the people of Nigeria from whom government through this constitution derives all its powers and authorities”.

    Section 14 (b) states that “the security and welfare of the people shall be the primary purpose of government”.

    Still, the constitution does not state exactly how the Nigerian people can vote to change or amend the constitution, or even for or against any political issue, even though it declares that “sovereignty belongs to the people”.

    Read: How To Impeach An Incompetent President

    Who Can Change The Constitution?

    Under Nigerian laws, lawmakers have almost all the powers to amend the constitution. Section 8 and 9 of the constitution dictates the processes by which the constitution can be amended, most of which leaves the powers in the hands of the national assembly and state houses of assembly.

    Some people have recommended that Nigeria should set up a “National Referendum Commission”, going by the provisions of Section 14 of the constitution that “sovereignty belongs to the Nigerian people”, and even the government and the constitution derive their powers from the people.

    Also, many democracies in the world have a provision for referendum in their constitution. Article 2(1) of the Romanian Constitution, for instance, provides that:


    “National Sovereignty belongs to the Romanian people who shall exercise it through their representative bodies, established as a result of free periodic and fair elections, as well as by means of a Referendum.”

    So, if Nigeria has referendums often, so many national issues can be easily solved like whether different Nigerian tribes still want to stay together as one or whether Nigerians want a particular government policy or not.

    As it stands, lawmakers and political leaders make almost all the political decisions on behalf of the Nigerian people.

    We hope you’ve learned a thing or two about how to unfuck yourself when the Nigerian government moves mad. Check back every weekday for more Zikoko Citizen explainers.

    Follow Citizen on Twitter
    Follow Citizen on Instagram
    Follow Citizen on Facebook

    Hello, if you have been impacted by our work, please donate to Zikoko. Cheers!

    [donation]