The Constitutional Right To Protest And The Nigerian Factor

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By Sani Bello Hamza

In his Motivational-Hygiene theory, the renowned American Philosopher Fredrick Hertzberg exhaustively differentiates between hygiene factors and motivational factors and their inpact on organizations. You see, I was dumbfounded when I read some of the examples he gave of hygiene factors, among them, I found salary at the forefront, electricity and other basic social amenities sitting comfortably in their terrain. Thus, In Nigeria, Hygiene factors are the motivational factors and the supposed-to-be motivational factors are no where to be found.

For clarity, Hygiene factors are those factors in organization which neither gives satisfaction nor dissatisfaction. Their presence or absence doesn’t change anything. Factors like salary and working condition are hygiene factors while recognition, growth and achievement are the ought-to-be motivational factors. Sadly, Nigerians are greatly move and motivated by the hygiene factors and we don’t give a damn about the motivational factors which seems to be non-existent in our workers dictionary. Nigerian workers, through their unions has for more than a decade playing the hide and seek game with Federal Government regarding workers salary and working condition (hygiene factors), what then will be the faith of the so called motivational factors?

Anyway, I won’t bore you with Administrative theories anymore, but for the record, I now found myself in complete agreement with the popular cliche that Nigeria/Nigeria’s problems defy all common sense, logic or theories. The applicability of theories and philosophical sayings has for long proved to be inapplicable in Nigeria. I believe that is why we are operating on laws and system of government that completely go against our cultural norms and traditions. This will be a topic for another day, hopefully.

In this part of the world, where we are still struggling and praying fervently to get our basic needs, salary increment and good working condition calls for enormous jubilations and celebration, while the presence of electricity seems to be luxurious and meant for the elites alone living in a Rendezvous areas. We have for a very long time agreed that the middle-class has gone to ceased to exist.

The whole situation now seems to me like we are heading towards the Kark Marx’s classless society. Where he theorized that the masses will revolt and push the bourgeoisie out of power through popular revolution.

Do you align with Karl Marx theory? looking at the pitiful and miserable situation of Nigerians?

For me, I’m still in complete support of the afro-mentioned cliche that theory is not application in this part of the world. Nigerians are naturally docile and quickly adapt to situations no matter how itching, harsh or even life threatening the situation looks like.

For instance, if before 2015, a soothsayer reveals that the general prices commodities will skyrocket and increase by almost 500%, I’m certain we’ll all laugh and shout “impossible”. Some of us will say it won’t be tenable or will revolt automatically. What are we now seeing?

Was it not the fuel we bought 165/L in 2015, we’re now forcefully buying at 900/L? Was it not the 20k one way flight from Abuja to Lagos that we’re now paying 100k for? Where is the Karl Marx postulation? The masses kept adapting and believe they’ll keep adapting to misfortunes or pray for abundance. We’re watching…

Is it also commonsensical and logical for students to be kept at home for a whole academic year without tangible response from them? Or, will you believe believe me 5 years ago if I say the North West which was once considered as the safest zone will be unaccommodating to its residents? Where is the common sense and logic?

Well, to the Karl Marx adherents, we’ve seen a flash of the application of his theory recently in our neighbouring countries, in 2011 Libyans overthrew Muaammar Gaddafi who has been in power for 40 years leading the country in an authoritarian-like manner. The revolutionaries gave reasons like corruption and economic inequality as the reasons for the revolt and subsequent removal of the president. Can we replicate this?

The streets will also not forget when Egyptians occupy the streets which ends the 30-year regime of Hosni Mubarak. Protesters also hide under the guise of police brutality, economic grievances, unemployment and poverty as their reasons. Lest I forget, in 2010 protesters also ended the 23-year regime of President Zine El Abidine of Algeria.

Not long ago, in 2020, Nigeria also witnessed a revolution-like protest when protesters were out to protest against police brutality and economic hardship across the country.

Okay, the right to protest (zanga-zanga) is a universally accepted right and fundamental to the existence of every democratic and free-society. Article 20 of the Universal Declaration of Human rights, Article 21 of International covenant on civil and political rights, and section 40 of the 1999 constitution of the federal republic of Nigeria all provides to this effect that “everyone has the right to freedom of peaceful assembly and association”

The cumulative effect and import of the above provision is that the assembly (protest) must be a PEACEFUL DEMONSTRATION and it is also a constitutional right that can not be taken away unless in accordance with the provisions of the Law.

Don’t misquote me, I’m not against “Protest” I’m all in FOR A PEACEFUL ASSEMBLY AND DEMONSTRATION because I believe, that is the only language our leaders understand. However, we must keep in mind that where our rights end, that’s where the right of another person begin, we can not, in the course of exercising our right to freedom of assembly and association restrict our fellow citizens from exercising their constitutional rights.

On a final note; My sole advise to the yearning protesters is they should know that; a disorganized gathering is porous and easily penetrable by saboteurs. We’ve seen how the 2020 ENDSARS protest ended and in catastrophe and how innocent protesters and passerbys pay the ultimate price with their lives.

My advise to all my brothers and sisters coming out for the “peaceful demonstration” (zanga-zanga) is to have a clear and precise goal and know the reason why they are protesting. You shouldn’t be caught protesting against bad governance as a whole, what aspect of bad governance are you protesting against? Know what you want.
Do you need a police reform? A constitutional amendment? or restructuring? Have a clear, SMART, achievable and measurable goals.

We must as well know when to bow down and compromise when part or all our demands have been met? We shouldn’t let saboteurs and anti-Nigeria use us as prey to achieve their long-term goal. A stich in time saves nine. If we do not learn from the mistakes of our past (ENDSARS2020) and that of our neighbors, we will learn the hard way, God Forbid! God bless Nigeria!

– Sani Bello Hamza is Law student at Ahmadu Bello University Zaria.

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