When Can A Protest Become A Riot?

When Can A Protest Become A Riot? Daily Law Tips (Tip 691) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

While one is lawful, the other is unlawful. In the recent weeks, the common words in Nigeria, have been, “protest” and “riot”. In the turn of events following police brutality, there have been peaceful protests in major cities in Nigeria and then followed by riots. Some peaceful protesters and some rioters were reportedly killed by law enforcement agents. This seems to have caused further confusion on the legality and implication of protests and riots in Nigeria. This work examines the difference between “protest” and “riot” in Nigeria. 

What Is A Protest?: 

Protest is simply the expression of disapproval and objection. It can come in different forms; verbal, written, physical, gesture, social media and others. Both under the constitution of Nigeria and under the African Charter on Human and People’s Rights, persons in any part of Nigeria have the fundamental human rights to privately and publicly protest over any issue, any time and any day. 

A protest can be physical and even remote (social media). Looking at the nature of a protest (physical protest), there will be physical meeting/assembly, songs, chanting, walks and expression of idea/view. All these are protected by several fundamental human rights in Nigeria. A combination of several fundamental human rights, make up the Right to Protest. Specifically, persons in Nigeria, have right to protest flowing from the Right to Freedom of Expression and the Press and the Right to Peaceful Assembly and Association. 

What Is A Riot?: 

Riot is a criminal offence in Nigeria, created by the two criminal laws that are operational in Nigeria. Under the Criminal Code (a criminal offences law that operates in the Southern part of Nigeria), “Riot” is loud, confusing and disorderly gathering of three (3) or more persons that are disturbing the peace and safety of others. 

Under the Penal Code (a criminal offences law that operates in the Northern Nigeria), “Riot” is where force or violence is used by an unlawful assembly (a group of 5 or more persons with a common desire to intimidate government, public officer, law and to commit crime). 

The Difference:

Simply, a protest could be peaceful or violent. Where a protest is violent, it could also be a riot, depending on the number of persons in participation. A peaceful protest is lawful and promoted by law in all part of Nigeria. Where a peaceful protest of 5 or more persons in the Northern part of Nigeria, becomes violent and not peaceful, the protest is a riot. 

At the point where a peaceful protest of 3 or more persons in the Southern part of Nigeria, becomes a disturbance of peace and safety of others, the protest is a riot. As expected, there is no punishment for peaceful protest rather, peaceful protesters must be protected and promoted by government and law enforcement agents. On the other hand, riot being an offence, is not without punishment. 

Recommendation and Conclusion:  

Peacful protest is a fundamental human right of persons in Nigeria and must be respected. Protest is not an offence rather a mark of democracy. Where there is a peaceful protest, human rights must be respected by protesters, non-protesters and law enforcement agents. Riot is an offence that causes fundamental human rights of rioters to be restricted/suspended. As a matter of fact, a rioter can be justifiably killed by a law enforcement agent in application of reasonable force to end a riot. 

Organisers and participants in a peaceful protest must becarful to avoid hijacks and lack of coordination that may turn a peaceful protest into a riot. Where for any reason, a peaceful protest turns into a riot, protesters are advised to retreat and disband to avoid breakdown of law and order. 

My authorities, are:

1. Section 1, 2, 3, 33, 34, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, 69, 70, 71 and 72 of the Criminal Code Act, 1916. 
3. Sections 1, 3, 4, 5, 100, 105, 106 of the Penal Code Act, 1960
4. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
5. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC).
6. The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
7. “Demand justice for Police Brutality in Nigeria” (Amnesty International) <https://www.amnesty.org/en/get-involved/take-action/nigeria-end-impunity-for-police-brutality-end-sars/> accessed 5 October 2020.
8. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://sabilaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 18 October 2020. 
9. Onyekachi Umah, “Who Can Be Lawfully Killed In Nigeria?” (LearnNigerianLaws.com, 26 October 2020) <https://sabilaw.org/who-can-be-lawfully-killed-in-nigeria/ > accessed 3 November 2020.
10. Danielle Paquette, “Nigerian protesters say security forces fired on them, fueling global outrage” (Washington Post, 21 October 2020)<https://www.washingtonpost.com/world/nigerian-protesters-say-security-forces-fired-on-them-amid-growing-global-outrage/2020/10/21/3b6dd1f6-1375-11eb-a258-614acf2b906d_story.html> accessed 3 November 2020
11. Onyekachi Umah, “Can A Person With A Nigerian Flag Be Shot Or Killed?” (LearnNigerianLaws.com,23 October 2020) <https://sabilaw.org/can-a-person-with-a-nigerian-flag-be-shot-or-killed/ > accessed 3 November 2020
12. Onyekachi Umah, “#EndPoliceBrutality: When & How Can Government Prohibit Protest In Nigeria?” (LearnNigerianLaws.com, 19 October 2020) <https://sabilaw.org/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 3 November 2020.
13. Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (LearnNigerianLaws.com, 15 October 2020) <https://sabilaw.org/endpolicebrutality-the-right-to-protest-is-a-human-right/ > accessed 3 November 2020. 
14. Onyekachi Umah, “#EndPoliceBrutality: Do You Need A Police Permit To Protest?” (LearnNigerianLaws.com, 16 October 2020) <https://sabilaw.org/endpolicebrutality-do-you-need-a-police-permit-to-protest/> accessed 3 November 2020.
15. Onyekachi Umah, “Flying Nigerian Flag and Its Implication” (LearNigerianLaws.com, 20 October 2020) <https://sabilaw.org/flying-nigerian-flag-and-its-implication/ > accessed 3 November 2020. 
16. October 2020. 1 Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://sabilaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 18 October 2020.
17. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://sabilaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 18 October 2020

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