{"id":27360,"date":"2026-01-20T17:10:17","date_gmt":"2026-01-20T16:10:17","guid":{"rendered":"http:\/\/dubawa.org\/dir\/?p=27360"},"modified":"2026-01-20T17:10:20","modified_gmt":"2026-01-20T16:10:20","slug":"edo-protests-what-you-should-know-before-protesting-in-nigeria","status":"publish","type":"post","link":"https:\/\/dubawa.org\/dir\/edo-protests-what-you-should-know-before-protesting-in-nigeria\/","title":{"rendered":"Edo Protests: What you should know before protesting in Nigeria\u00a0"},"content":{"rendered":"\n

Full Text\u00a0<\/strong><\/p>\n\n\n\n

In recent years, Nigeria has been plagued<\/a> by a deepening insecurity crisis that continues to upend daily life for millions of citizens. From the escalating wave of kidnappings and armed banditry in states across the North and Middle Belt to violent attacks on communities, many Nigerians live with constant fear for their safety and that of their loved ones. <\/p>\n\n\n\n

Schools have been forced<\/a> to close, and local labour and civil society groups have repeatedly expressed frustration with government responses, citing a spiralling security situation that shows little sign of abating. <\/p>\n\n\n\n

On Saturday, Jan. 10, 2025, some residents of the Ekpoma community and other nearby areas in Edo State took to the streets to protest<\/a> the rise of abductions in the area.<\/p>\n\n\n\n

Next, a High Court sitting in Edo ordered<\/a> a remand of about 52 of the protesters after an arrest orchestrated by the Nigerian police authorities. <\/p>\n\n\n\n

News outlets reported<\/a> that the protest turned violent, allegedly leading to a military shooting and injuring one protester known as Osagie Abraham. <\/p>\n\n\n\n

According to media reports, some of the students of the Ambrose Alli University in the same area were among those arrested by the police authorities. Ever since, civil rights bodies and libertarian groups have been<\/a> working hard to secure the students’ release. <\/p>\n\n\n\n

DUBAWA is conducting this explainer to determine the legal position of protests in Nigeria, as different narratives have flooded the internet space since the incident. <\/p>\n\n\n\n

What are the rules for protest?<\/strong><\/p>\n\n\n\n

Divinefavour Osomujie-Paul, a Nigerian legal practitioner, told DUBAWA that protests in Nigeria are backed by democratic principles in any sane political climate. <\/p>\n\n\n\n

\u201cIf you look at Section 40 of the Nigerian Constitution (1999), there\u2019s a provision for the right to peaceful assembly and association,\u201d she said. <\/p>\n\n\n\n

The legal expert said that although a protest is a constitutional right, it should be within the ambit of the law and must not be violent. <\/p>\n\n\n\n

\u201cThe Nigerian law is very vague; the constitution fails to go further on explaining what a peaceful assembly in the country is.\u201d <\/p>\n\n\n\n

Another lawyer, Francis Oche, explained that the right stems from \u201cthe core freedom of expression and is further supported by Nigeria\u2019s obligations under the African Charter on Human and Peoples\u2019 Rights Act, which is domesticated into federal law in the West African nation.\u201d<\/p>\n\n\n\n

Osomujie-Paul said that Nigerian citizens do not need to obtain permission from the police or other law enforcement authorities before exercising their right to protest. <\/p>\n\n\n\n

The duo cited the popular cases of IGP v. All Nigeria\u2019s People Party (2008)<\/a> and Hadiza Usman v. COP (2014)<\/a>, in which the courts ruled so. <\/p>\n\n\n\n

In one instance, the court struck down the Public Order Act, which seeks to regulate protest by requiring a police permit before a protest, while it set aside a banned protest as inconsistent with constitutional rights. <\/p>\n\n\n\n

The lawyers also stressed that the fact that the law calls something a right does not mean a lawful limitation cannot be applied to it. <\/p>\n\n\n\n

To this end, Osomujie-Paul cautioned that it is only good to inform the police to be on the safe side of the law when things go out of hand. She added that a protest should not be carried out with the intent to commit a crime, disrupt public order and peace, or use force against innocent people. <\/p>\n\n\n\n

She mentioned that Sections 69-74 of the Criminal Code (applicable in Southern Nigeria) and Sections 100-110 of the Penal Code (applicable in Northern Nigeria) strongly frown on such unlawful assembly. <\/p>\n\n\n\n

Remand versus Prison Sentence<\/strong><\/h3>\n\n\n\n

Following the arrests of the Ekpoma protesters, confusion quickly spread across social media, with some claims<\/a> suggesting that the court had \u201csent the protesters to prison\u201d as punishment for taking part in the demonstration. <\/p>\n\n\n\n

However, a closer look at Nigeria\u2019s criminal justice process shows that this interpretation is inaccurate. Thus, we consider it noteworthy to draw a distinction between the two concepts to support a proper interpretation of protest-related issues and avoid misinformation. <\/p>\n\n\n\n

Our research shows a clear distinction between remand in custody and prison sentence under the Nigerian criminal justice system. <\/p>\n\n\n\n

A remand order is issued<\/a> by a court to temporarily detain a suspect, usually in a correctional facility, while investigations continue or while the prosecution prepares formal charges. A remand does not amount to a conviction or imply that the individual has been found guilty of any offence.<\/p>\n\n\n\n

By contrast, a prison sentence can only<\/a> be imposed after a full trial or a guilty plea, when a court determines that an accused person is guilty beyond a reasonable doubt. Until such a conviction occurs, the individual remains legally presumed innocent, even if held in custody.<\/p>\n\n\n\n

In the case of the Edo State protesters, available reports<\/a> indicate that those arrested were remanded pending further legal processes, not sentenced as asserted on social media. Therefore, describing the court\u2019s action as having \u201csent them to prison\u201d as punishment is inaccurate and misleading.<\/p>\n\n\n\n

Remand is a procedural step in the justice system, while imprisonment is a punitive sanction that follows a lawful conviction.<\/p>\n\n\n\n

Conclusion <\/strong><\/p>\n\n\n\n

DUBAWA\u2019s research indicates that while Nigerians are allowed to protest under the country\u2019s constitution, some conduct during such protests can be criminalised. The laws frown at violence, destruction of property, carrying offensive weapons, incitement, or other breaches of criminal law during protests, and these can lead to police arrest and prosecution. <\/p>\n","protected":false},"excerpt":{"rendered":"

Full Text\u00a0 In recent years, Nigeria has been plagued by a deepening insecurity crisis that continues to upend daily life for millions of citizens. From the escalating wave of kidnappings and armed banditry in states across the North and Middle Belt to violent attacks on communities, many Nigerians live with constant fear for their safety and that of their loved ones.  Schools have been forced to close, and local labour and civil society groups have repeatedly expressed frustration with government responses, citing a spiralling security situation that shows little sign of abating.  On Saturday, Jan. 10, 2025, some residents of the Ekpoma community and other nearby areas in Edo State took to the streets to protest the rise of abductions in the area. Next, a High Court sitting in Edo ordered a remand of about 52 of the protesters after an arrest orchestrated by the Nigerian police authorities.  News outlets reported that the protest turned violent, allegedly leading to a military shooting and injuring one protester known as Osagie Abraham.  According to media reports, some of the students of the Ambrose Alli University in the same area were among those arrested by the police authorities. Ever since, civil rights bodies and libertarian groups have been working hard to secure the students’ release.  DUBAWA is conducting this explainer to determine the legal position of protests in Nigeria, as different narratives have flooded the internet space since the incident.  What are the rules for protest? Divinefavour Osomujie-Paul, a Nigerian legal practitioner, told DUBAWA that protests in Nigeria are backed by democratic principles in any sane political climate.  \u201cIf you look at Section 40 of the Nigerian Constitution (1999), there\u2019s a provision for the right to peaceful assembly and association,\u201d she said.  The legal expert said that although a protest is a constitutional right, it should be within the ambit of the law and must not be violent.  \u201cThe Nigerian law is very vague; the constitution fails to go further on explaining what a peaceful assembly in the country is.\u201d  Another lawyer, Francis Oche, explained that the right stems from \u201cthe core freedom of expression and is further supported by Nigeria\u2019s obligations under the African Charter on Human and Peoples\u2019 Rights Act, which is domesticated into federal law in the West African nation.\u201d Osomujie-Paul said that Nigerian citizens do not need to obtain permission from the police or other law enforcement authorities before exercising their right to protest.  The duo cited the popular cases of IGP v. All Nigeria\u2019s People Party (2008) and Hadiza Usman v. COP (2014), in which the courts ruled so.  In one instance, the court struck down the Public Order Act, which seeks to regulate protest by requiring a police permit before a protest, while it set aside a banned protest as inconsistent with constitutional rights.  The lawyers also stressed that the fact that the law calls something a right does not mean a lawful limitation cannot be applied to it.  To this end, Osomujie-Paul cautioned that it is only good to inform the police to be on the safe side of the law when things go out of hand. She added that a protest should not be carried out with the intent to commit a crime, disrupt public order and peace, or use force against innocent people.  She mentioned that Sections 69-74 of the Criminal Code (applicable in Southern Nigeria) and Sections 100-110 of the Penal Code (applicable in Northern Nigeria) strongly frown on such unlawful assembly.  Remand versus Prison Sentence Following the arrests of the Ekpoma protesters, confusion quickly spread across social media, with some claims suggesting that the court had \u201csent the protesters to prison\u201d as punishment for taking part in the demonstration.  However, a closer look at Nigeria\u2019s criminal justice process shows that this interpretation is inaccurate. Thus, we consider it noteworthy to draw a distinction between the two concepts to support a proper interpretation of protest-related issues and avoid misinformation.  Our research shows a clear distinction between remand in custody and prison sentence under the Nigerian criminal justice system.  A remand order is issued by a court to temporarily detain a suspect, usually in a correctional facility, while investigations continue or while the prosecution prepares formal charges. A remand does not amount to a conviction or imply that the individual has been found guilty of any offence. By contrast, a prison sentence can only be imposed after a full trial or a guilty plea, when a court determines that an accused person is guilty beyond a reasonable doubt. Until such a conviction occurs, the individual remains legally presumed innocent, even if held in custody. In the case of the Edo State protesters, available reports indicate that those arrested were remanded pending further legal processes, not sentenced as asserted on social media. Therefore, describing the court\u2019s action as having \u201csent them to prison\u201d as punishment is inaccurate and misleading. Remand is a procedural step in the justice system, while imprisonment is a punitive sanction that follows a lawful conviction. Conclusion  DUBAWA\u2019s research indicates that while Nigerians are allowed to protest under the country\u2019s constitution, some conduct during such protests can be criminalised. The laws frown at violence, destruction of property, carrying offensive weapons, incitement, or other breaches of criminal law during protests, and these can lead to police arrest and prosecution. <\/p>\n","protected":false},"author":1,"featured_media":27361,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"hannibal_claim_source":"","hannibal_source_label":"","hannibal_card_color":"blue","_jetpack_memberships_contains_paid_content":false,"footnotes":"","_wpscppro_dont_share_socialmedia":false,"_wpscppro_custom_social_share_image":0,"_facebook_share_type":"default","_twitter_share_type":"default","_linkedin_share_type":"default","_pinterest_share_type":"default","_linkedin_share_type_page":"","_instagram_share_type":"default","_medium_share_type":"default","_threads_share_type":"default","_google_business_share_type":"default","_bluesky_share_type":"","_mastodon_share_type":"","_selected_social_profile":[],"_wpsp_enable_custom_social_template":false,"_wpsp_social_scheduling":{"enabled":false,"datetime":null,"platforms":[],"status":"template_only","dateOption":"today","timeOption":"now","customDays":"","customHours":"","customDate":"","customTime":"","schedulingType":"absolute"},"_wpsp_active_default_template":true},"categories":[1572,4,3812,3815,123],"tags":[],"verdict":[],"ppma_author":[3803,3822],"class_list":["post-27360","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-explainers","category-featured","category-headline","category-homepage","category-mainstream"],"jetpack_shortlink":"https:\/\/wp.me\/p8R6dE-77i","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"authors":[{"term_id":3803,"user_id":0,"is_guest":1,"slug":"mohammed-taoheed","display_name":"Mohammed Taoheed","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&r=g","author_category":"","user_url":"","last_name":"","first_name":"","job_title":"","description":""},{"term_id":3822,"user_id":0,"is_guest":1,"slug":"amarachi-onwuzulike","display_name":"Amarachi Onwuzulike","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&r=g","author_category":"","user_url":"","last_name":"","first_name":"","job_title":"","description":""}],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/dubawa.org\/dir\/wp-content\/uploads\/2026\/01\/image-50.jpeg?fit=633%2C438&ssl=1","_links":{"self":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/27360","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/comments?post=27360"}],"version-history":[{"count":1,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/27360\/revisions"}],"predecessor-version":[{"id":27362,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/27360\/revisions\/27362"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media\/27361"}],"wp:attachment":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media?parent=27360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/categories?post=27360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/tags?post=27360"},{"taxonomy":"verdict","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/verdict?post=27360"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/ppma_author?post=27360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}