CRIMINALIZING DISSENT: THE ARREST OF #ENDBADGOVERNANCE PROTESTERS AND ITS IMPACT ON DEMOCRATIC GOVERNANCE IN NIGERIA

CHAPTER ONE

INTRODUCTION

Background to the Study

In democratic societies, the right to dissent and peaceful protest is widely acknowledged as a fundamental aspect of freedom of expression. It provides citizens the opportunity to voice their grievances, influence public policy, and hold governments accountable. According to Ayodele (2019), In sub-saharan Africa, protests have been a key form of civic engagement and expression, often taking the shape of movements against government policies perceived to be oppressive or unjust especially among the youth populace who is be. The sweeping changes across the continent did not pass without Nigerian citizens taking note. Nigeria, as a constitutional democracy, upholds these principles through its legal frameworks, particularly the 1999 Constitution, which guarantees freedom of expression, peaceful assembly, and association (Section 39 & 40, Nigerian Constitution, 1999). However, despite these legal protections, recent years have witnessed an alarming trend of criminalizing dissent, as the Nigerian state increasingly employs the arrest and detention of protesters as a mechanism to suppress opposition and control the narrative of governance. 

Obviously, the crackdown on peaceful protests in Nigeria is not a new phenomenon, but its intensification, especially under the current administration, raises concerns about the erosion of democratic values. Ibrahim & Hassan (2021) highlighted for example, during the #EndSARS protests in October 2020, thousands of Nigerians took to the streets to protest against police brutality. What began as a peaceful protest turned into a violent encounter with state forces, leading to numerous arrests, injuries, and deaths (Amnesty International, 2020). The Nigerian government’s heavy-handed response to the #EndSARS protests highlighted the growing intolerance for dissenting voices, with several protesters unlawfully detained, journalists harassed, and civic spaces shrinking (Amnesty International, 2020).

Fast forward to the #EndBadGovernance movement which emerged in response to a myriad of grievances among Nigerian citizens, including rampant corruption, unemployment, failing public services, and widespread poverty. Much like the earlier #EndSARS protests of 2020, which focused on police brutality, the #EndBadGovernance movement is fueled by the frustrations of a populace that feels disconnected from its leadership (Amnesty International, 2024). According to Olukotun, (2024)., the 10days held protests was characterized by mass mobilization, particularly among Nigeria’s youth, who see themselves as victims of the economic and political failures of successive governments. Under President Bola Tinubu’s leadership, the movement gained momentum as protesters took to the streets to demand transparency, accountability, and reforms in governance. However, the state's response to these protests has been heavy-handed, with security forces dispersing protesters using excessive force and detaining prominent activists. 

According to Ojo (2024), the arrests and harassment of protesters reflect the Tinubu administration's strategy of suppressing opposition and controlling public discourse, undermining the democratic principles of free speech and peaceful assembly. Simialrly, Olukotun (2021) assert that that democratic governance thrives on active participation, freedom of speech, and respect for civil liberties. But when dissent is criminalized, it undermines these democratic tenets and discourages citizens from engaging in civic duties such as peaceful protest and political participation. This shift toward authoritarian governance threatens the accountability mechanisms that are essential in a democratic society, creating a governance structure where dissent is equated with rebellion and opposition is met with state-sponsored violence. Adebayo (2021) pointed that the systemic repression of protesters through arrests, detentions, and legal persecution reflects a broader culture of authoritarianism that stifles the democratic process in Nigeria. 

Statement of the Problem

It is no doubt that in theory, democratic governance flourishes in societies where citizens are free to express dissent and hold the government accountable through peaceful protests (Dahl, 2018). However, in Nigeria, there is a growing trend of criminalizing dissent, as state forces have increasingly resorted to arresting and detaining protesters (Amnesty International, 2020). These actions have raised concerns about the erosion of civil liberties and the shrinking of democratic spaces.

Recently, the Tinubu-led administration has faced significant criticism for its response to the #EndBadGovernance protests. In particular, the arrests of protesters have been seen as an attempt to stifle dissent and maintain political control. Security forces have not only arrested individuals involved in the protests but have also intimidated organizers and threatened those supporting the movement online (Human Rights Watch, 2024). Such tactics have been used to create an atmosphere of fear, discouraging active participation in political protests and limiting the public's ability to voice discontent with the government. One notable case involved the arrest of high-profile activists, who were detained without charge for several days. The government's justification for these arrests has been framed around claims of national security, public order, and the prevention of chaos, but civil rights groups argue that these actions violate the Nigerian Constitution, which guarantees the right to peaceful assembly and protest (Section 40, Nigerian Constitution, 1999). The judicial system has also come under scrutiny, with critics accusing the courts of being complicit in the suppression of civil liberties through the issuance of arrest warrants for protesters under dubious charges (Ibrahim & Hassan, 2024).

Existing studies have highlighted the implications of such repressive measures on democracy. According to Ibrahim and Hassan (2021), the arrest and detention of protesters undermine the essential principles of democratic governance by discouraging civic engagement and instilling fear in the populace. Adebayo (2021) found that these arrests often come with human rights violations, including unlawful detention, harassment, and in some cases, torture of protesters, which further suppresses public participation in governance. Adediran (2022) noted that youth-led movements like #EndSARS have faced harsher state responses due to the perceived threat they pose to the political establishment.

Despite these findings, there is limited empirical research exploring the effects of these repressive actions on democratic institutions and processes in Nigeria especially with regard to the current #EndBadGovernance protest. Furthermore, while much has been written about the criminalization of protests in Nigeria, a gap exists in the literature regarding how these arrests impact broader democratic governance. Specifically on how the state's repressive measures have altered the political landscape and weakened institutions that are critical for democratic governance, such as the judiciary, civil society organizations, and the media. This study seeks to address this gap by examining the broader implications of the criminalization of dissent for Nigeria’s democratic governance.

1.3 Objectives of the Study

The objectives of this study is focused on Criminalizing Dissent: the arrest of #EndBadGovernance protesters and its impact on democratic governance in Nigeria. Specifically, the study seeks to :

examine the causes of #EndBadGovernance protest under Tinubu-Led administration

investigate the reasons behind arresting #EndBadGovernance protesters in Nigeria.

assess the impact of the arrest of #EndBadGovernance protesters on democratic governance in Nigeria.

1.4 Research Questions

What are the causes of #EndBadGovernance protest under Tinubu-Led administration

What are the reasons behind arresting #EndBadGovernance protesters in Nigeria?

How do the arrests of protesters impact democratic governance in Nigeria?

1.5 Research Hypotheses

Ho: The criminalization of protests does not undermine democratic governance in Nigeria

Hi: The criminalization of protests significantly undermines democratic governance in Nigeria

1.6 Significance of the Study

Practically, this study is significant as it sheds light on the growing trend of criminalizing dissent in Nigeria and its implications for democratic governance. It provides insights for policymakers, civil society organizations, and human rights activists who are working to protect civil liberties and promote democratic principles in Nigeria. By highlighting the impacts of arresting protesters, the study will contribute to ongoing efforts to reform governance practices and promote more inclusive political participation in the country.

Theoretically, study will contribute to the body of literature on civil liberties, democratic governance, and protest movements, particularly in the context of African democracies. It will offer a theoretical framework for understanding how state repression affects democratic institutions and processes, and how marginalized groups experience these repressive measures differently. This will be valuable for scholars interested in the intersection of governance, human rights, and social movements.

1.7 Scope of the Study

The study will focus on the arrest of protesters in Nigeria, with a specific emphasis on high-profile protests such as the #EndSARS movement. The content will cover the causes of #EndBadGovernance protest under Tinubu-Led administration, the reasons behind arresting #EndBadGovernance protesters in Nigeria, .the legal, political, and social implications of these arrests, while the geographical scope will be limited to Abuja, Nigeria where the protests were prominent.

1.8 Limitations of the Study

One limitation of this study is the availability of reliable data on protest-related arrests, as government records may not be comprehensive, and many cases of unlawful detention are underreported. Additionally, given the sensitive nature of the topic, some participants may be hesitant to provide detailed accounts of their experiences due to fear of reprisal. This could affect the breadth of data collected.

Another limitation is the focus on Abuja, which may limit the generalizability of the findings to other regions. While the study will offer valuable insights into the impact of protester arrests on democratic governance in Nigeria, the findings may not fully capture the nuances of similar situations in other countries with different political, legal, and social dynamics.

1.9 Definition of Key Terms

Criminalizing Dissent: The process by which the state uses legal and extralegal measures to suppress opposition and protest activities.

Democratic Governance: A system of governance characterized by participation, transparency, accountability, and the rule of law.

Protester: An individual or group of people who publicly demonstrate or voice opposition to government policies or actions.

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