By Ikechukwe Nwanguma
The recent arrest and disappearance of human rights activist, Omoyele Sowore during the Free Nnamdi Kanu protest in Abuja once again expose the fragile foundations of Nigeria’s democracy and the deep-seated contempt for the rule of law by its security agencies.
It highlights a broader and more dangerous pattern: the systematic criminalisation of peaceful protests and the use of law enforcement to silence dissenting voices.
The violence displayed by the Police at the protest scene, during Sowore’s arrest at the Federal High Court, and later at the Kuje Magistrates’ Court after he and others had been granted bail – culminating in his brief disappearance – vividly illustrates the continuing struggle between power and law in Nigeria.
It reflects a disturbing pattern in which the Police, instead of acting as enforcers of the law, become instruments of raw power – acting lawlessly, in open defiance of the law and the authority of the judiciary. Such conduct not only erodes public confidence in the rule of law but also undermines the credibility of the ongoing Police reform efforts and the foundations of constitutional democracy itself.
The Hypocrisy of Selective Justice
The Nigeria Police Force, in a statement by its spokesperson, CSP Benjamin Hundeyin, claimed that Sowore and others were arrested for leading protesters into a “restricted area,” citing a purported court order that limits protests in certain parts of Abuja. This justification is deeply flawed and legally untenable.
The right to peaceful assembly and expression is guaranteed by Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and reinforced by Articles 9, 10, and 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act – which is an integral part of Nigerian law. These provisions make it clear that no administrative regulation or judicial order can arbitrarily suspend or override the constitutional right to peaceful protest.
It is therefore ironic – and profoundly hypocritical – that the same Police and government that routinely disobey valid court orders – such as those directing the release of Nnamdi Kanu, or awarding damages to victims of unlawful detention and extrajudicial killings – now suddenly claim to be acting in deference to a court order. This selective obedience to judicial authority reveals not respect for the law, but rather, contempt for it.
By hiding behind a questionable court order to suppress a legitimate, peaceful demonstration, the Police once again demonstrate that their loyalty is to power, not to the Constitution. This is an affront to democracy and a betrayal of the very principles that law enforcement is meant to protect.
Dangerous normalization of repression
What transpired in Abuja is part of a broader pattern of intimidation and repression that has become the default response to civic engagement in Nigeria. Peaceful protesters are routinely met with violence, tear gas, mass arrests, and trumped-up charges. Human rights defenders are surveilled, journalists harassed, and activists detained for exercising rights clearly guaranteed by law.
The Nigerian government’s increasing tendency to treat protest as a threat rather than a legitimate democratic activity has created a climate of fear and silence. This is not the mark of a democratic society – it is the hallmark of authoritarianism.
A democracy thrives on contestation of ideas, on citizens’ ability to hold leaders accountable, and on open, peaceful dialogue. When the state criminalizes protest, it essentially shuts down these avenues of accountability and transforms the public space into one governed by fear and force.
The Ghosts of #EndSARS
The echoes of the #EndSARS protests of 2020 still haunt Nigeria. That nationwide movement, led largely by young Nigerians, demanded an end to Police brutality and greater accountability. It was one of the most powerful expressions of civic energy in Nigeria’s recent history.
Yet, instead of addressing the grievances that led to those protests, the government responded with violence, arrests, and denial. Despite official promises of reform, accountability for the Lekki Toll Gate shootings remains elusive, and many victims of Police violence have yet to receive justice or compensation. The judicial panels of inquiry set up across the states produced valuable recommendations – most of which have gathered dust on government shelves.
The arrest of Sowore and the violent suppression of the Free Nnamdi Kanu protest are grim reminders that the lessons of #EndSARS have been ignored. The same culture of repression persists, only now cloaked in the language of “law and order.”
Power Versus Law
At the heart of this crisis is the unresolved tension between power and law. In a truly democratic system, the law restrains power; in an authoritarian system, power bends the law to its will. The Nigerian state, through its Police, too often operates in the latter mode.
The Police, created to enforce the law, have instead become its chief violators – acting with impunity, disregarding court orders, and serving as enforcers of political will rather than protectors of public safety. Each unlawful arrest, each act of torture, each disobedience of judicial authority, chips away at the moral and legal foundations of the state.
This pattern of lawlessness is not a series of isolated missteps – it is systemic. It reflects a policing philosophy inherited from the colonial era, when the Nigeria Police Force was established not to serve citizens but to control them. Decades of military rule entrenched this mentality, and civilian governments since 1999, have done little to change it.
As a result, the Police continue to see citizens not as rights-bearing individuals, but as subjects to be controlled. The result is a toxic relationship between the state and society, one defined by mistrust, fear, and resentment.
Failure of Police Reform
The Police Act 2020 was meant to change this. It promised a people-centered, accountable, and professional Police Service. It introduced reforms to improve welfare, enhance accountability, and strengthen oversight mechanisms like the Police Complaints Response Unit (CRU).
Yet, more than four years after its passage, the reality on the ground has barely shifted. Cases of arbitrary arrest, torture, extortion, and extrajudicial killings remain widespread. The CRU, while commendable in concept, lacks independence and adequate funding. The Police Service Commission (PSC) and the Police Trust Fund, both intended as pillars of reform, are frequently undermined by political interference.
Each new act of Police brutality – such as the attack on protesters in Abuja – further discredits these reform efforts. It exposes the widening gap between policy and practice, between the law on paper and the behaviour of the institution tasked with upholding it.
A reformed Police cannot coexist with a repressive mindset. Until the culture of impunity is broken, legislative reforms will remain mere ink on paper.
The Cost of Silence
The criminalization of protest carries heavy consequences – not only for activists and journalists but for all Nigerians. When people can no longer express dissent without fear, corruption flourishes, injustice deepens, and governance deteriorates.
Silencing the streets does not create peace; it breeds frustration and hopelessness. The same repression that seeks to maintain “order” ultimately sows the seeds of instability. History shows that societies that deny citizens the right to peaceful protest often invite violent resistance.
Thus, protecting the right to protest is not a threat to national security – it is a safeguard for it. Governments that listen to dissent are more stable, more legitimate, and more just than those that rule by intimidation.
The Way Forward
Nigeria stands at a crossroads. To preserve its democracy, it must make a clear and irreversible break from the politics of repression. This requires action on several fronts:
Accountability: Officers responsible for unlawful arrests, brutality, and defiance of court orders must face transparent disciplinary and criminal sanctions. Impunity must end.
Judicial Independence: Courts must resist being used as instruments of repression and insist on enforcing the supremacy of the Constitution.
Legislative Oversight: The National Assembly must demand explanations from the Police and executive for every violation of constitutional rights.
Civil Society Solidarity: Human rights groups, the media, and citizens must continue to document, publicize, and challenge abuses, ensuring that state repression always meets resistance.
Political Leadership: True leaders must understand that dissent is not disloyalty. Protecting the right to protest is an act of democratic strength, not weakness.
In sum, the arrest and disappearance of Omoyele Sowore are not just isolated abuses; they are symptoms of a deeper democratic decay. They reveal a state increasingly at odds with its own Constitution and a Police Force still trapped in the logic of power rather than the discipline of law.
Nigeria cannot continue on this path and still call itself a democracy. The criminalization of protest strikes at the very heart of freedom. It silences the people, weakens the institutions meant to serve them, and corrodes the legitimacy of government itself.
To reclaim its democratic promise, Nigeria must restore the balance between power and law – and ensure that no citizen is punished for demanding justice, truth, and accountability.
Okechukwu Nwanguma: Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)
The post Criminalising protest undermines democracy appeared first on Vanguard News.
