HUMAN RIGHTS ABUSES AND THE ARREST OF PROTESTERS IN NIGERIA: A CHALLENGE TO DEMOCRATIC GOVERNANCE

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Globally, human rights are the fundamental features of any true democratic setting because the essence of democracy itself is based on the idea of human rights. Human rights are mostly viewed as the inalienable rights of people. They are the legal entitlements which every citizen could enjoy without fear of the government or its fellow citizens. To Kaluge (2023), Human rights are those rights which cannot be said to have been given to man by man but are earned by man for being a human because these are necessary for his continuous happy existence with himself, his fellow man and for participation in a complex society (P.4). On a wider perspective, basic issues involved in fundamental human rights are (a) freedom rights – freedom from oppression in its various forms, (b) participation rights – in the decision making processes in various sphere of life, (c) benefits right – to food, work, medical care, education, etc (Ndifon, 2013). In a study of the development and evolution of human rights (Enebe, 2018)  he classified the stages in the growth of human rights into three generations, viz: civil and political rights; economic, social and cultural rights; and solidarity or community rights. 

Conversely, the exercise of democratic governance is fundamentally based on the protection of human rights, including the right to free speech, assembly, and peaceful protest. Specifically, 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. 

Furthermore, Nigeria is a signatory to international human rights treaties like the African Charter on Human and Peoples' Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR). These treaties, ratified by Nigeria, reinforce the protection of the right to peaceful assembly. The African Charter, incorporated into Nigerian law under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 LFN 2004, explicitly guarantees the right to assemble and protest without interference, provided it is peaceful. Despite these legal frameworks, enforcement often clashes with reality, as law enforcement agencies, under the guise of maintaining public order, sometimes suppress protests and arrest demonstrators unlawfully (Amnesty International, 2021). This tension between constitutional rights and practical enforcement remains a significant challenge to the protection of civil liberties in Nigeria.

Contextually, the wave of protests has risen over issues such as corruption, insecurity, and poor governance. The 2024 #EndBadGovernance protests are a continuation of a history of civic dissent against a backdrop of governmental inefficiency and maladministration (Akinyele, 2023). These protests represent a collective effort by citizens, especially youths, to demand better governance practices and accountability from the Nigerian government. According to Olayiwola (2023), the rise in youth activism and mobilization in Nigeria is tied to social media platforms, which provide the space for organizing mass movements against perceived injustices. The #EndBadGovernance protests were fueled by frustration over the Tinubu administration's handling of the country's political and economic crisis. The arrest of #EndBadGovernance protesters by Nigerian law enforcement agencies reflects a broader pattern of human rights abuses and suppression of civil liberties

Daveport (2017) averred that  Nigeria’s long-standing struggle with the protection of human rights has been exacerbated by the increasing militarization of law enforcement. According to Daveport (2017) the Nigerian government has deployed military tactics to handle protests, which often leads to human rights abuses.This continuity in governance styles raises concerns about the state of democracy in Nigeria and whether the country is truly committed to upholding the values of human rights and democratic participation.

1.2 Statement of the Problem

Over the years, human rights abuse in Nigeria, especially in the context of public protests, have become a pervasive issue that threatens the country’s democratic governance. The EndBadGovernance protest under President Tinubu's administration is a recent manifestation of this problem. The Tinubu led administration which took place in May, 2024, implemented programs and policies which deepen economic downturn on the standard of living of Nigerian.  Initiative like monetary tightening measures by the Central Bank of Nigeria to control inflation, fuel subsidy removal, fiscal reforms to increase government revenue, and social investment programs to support vulnerable populations have had adverse short-term effects on the poor and middle class, exacerbating the economic hardship (Financial Times, 2024). Habib (2024) states that hard situation in Nigeria since Tinubu became the President  led to inability of parents to afford children's school fees, low household incomes and profits, job loss due to employers' inability to meet salary obligations, persistent increase in the prices of goods and services and some Nigerians had resorted to scavenging as a means of survival. Isenyo (2024) states that due to the continues hardship in the land, enraged youths and women demonstrated on the streets from 1st to 10th August, 2024 to express their discontent with the increasing cost of living in the country. However, peaceful demonstrators calling for an end to corruption, insecurity, and poor governance have faced arbitrary arrests, detention without trial, and even physical violence from law enforcement agencies (Amnesty International, 2024). 

In a study by Ibeanu (2020), the arrest of protesters directly violates the constitutional rights of Nigerian citizens, undermining the democratic principles on which the nation is built. The problem is exacerbated by the lack of accountability for law enforcement officers who engage in these abuses, further eroding public trust in government institutions. It does not only infringe on individual rights but also creates a chilling effect on public discourse. Citizens who witness the violent repression of protests may become reluctant to express dissent, fearing retribution from the state. This dynamic is particularly troubling in a country like Nigeria, where public protests are one of the few avenues available for citizens to hold their leaders accountable. The suppression of protests through arrests and human rights abuses effectively silences opposition voices, creating an environment where poor governance can continue unchecked. Moreover, Onuoha (2023) the negative impact of these human rights abuses extends beyond civil liberties to other areas of society, including education. The climate of insecurity created by the arrest and harassment of protesters disrupts the educational environment, particularly in regions where protests are concentrated. 

Although existing studies have focused on the role of law enforcement in suppressing protests, highlighting patterns of abuse and misconduct. However, these studies often fail to address the broader impact of these abuses on democratic governance. While the immediate effects of human rights violations during protests are evident in the physical and emotional harm to protesters, the long-term consequences on Nigeria's democratic health are less explored. The current research gap lies in understanding how the systemic abuse of human rights in protest settings affects the country's democratic processes, particularly in terms of citizen engagement and political participation.

1.3 Objectives of the Study

The objective of this study is focused on human rights abuses and the arrest of protesters in Nigeria: a challenge to democratic governance. Specifically, the study seeks to:

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

investigate the reasons behind arresting #EndBadGovernance protesters in Nigeria.

examine the human rights abuses committed by law enforcement during the EndBadGovernance protest under the Tinubu administration in 2024.

assess the impact of the arrest of protesters on democratic participation and 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?

What human rights abuses were committed by law enforcement during the EndBadGovernance protest under the Tinubu administration in 2024?

How has the arrest of protesters affected democratic participation and governance in Nigeria?

Research Hypotheses

Ho1: The arrest of EndBadGovernance protesters does not significantly affect democratic governance in Nigeria

Hoi: The arrest EndBadGovernance protesters does not significantly affect democratic governance in Nigeria

Significance of the Study

Practically, this study is of value to policymakers, human rights organizations, and law enforcement agencies. By analyzing the human rights abuses committed during protests, the study will provide insights into how law enforcement practices can be reformed to uphold democratic values while maintaining public order. For human rights organizations, the findings can inform advocacy efforts aimed at protecting civil liberties and preventing the unlawful arrest and detention of protesters. Additionally, the study will be useful for educators and policymakers in understanding the disruptions caused by protest-related human rights abuses on educational access and outcomes.

Theoretically, the study contributes to the growing body of literature on the intersection of human rights, law enforcement, and democratic governance. It provides a theoretical framework for understanding how the suppression of protests through human rights abuses undermines democratic participation and weakens governance structures. By linking human rights violations to educational disruptions, the research offers a novel perspective on the broader societal impacts of protest suppression. This theoretical contribution will be valuable for scholars studying democracy, human rights, and governance in Nigeria and other similar contexts.

1.7 Scope of the Study

This study focuses on the human rights abuses and arrests of protesters during theEndBadGovernance protest under the Tinubu administration in 2024. It examines the impact of these actions on democratic governance, citizen participation in Nigeria. The study is geographically limited to Abuja major cities where protesters were shot and arrested.

1.8 Limitations of the Study

Like every academic endeavor, one limitation of this study is the potential difficulty in obtaining accurate and reliable data on human rights abuses committed during the EndBadGovernance protest. Government sources may underreport or deny instances of abuse, while opposition sources may exaggerate the scale of violations Another limitation is the challenge of generalizing the findings to all protests in Nigeria. The EndBadGovernance protest is a specific case, and while it provides valuable insights into the broader issue of human rights abuses, the dynamics of other protests may differ. However, the study will attempt to draw connections between the patterns of abuse observed during the EndBadGovernance protest and those documented in previous protests, such as #EndSARS, to provide a more comprehensive understanding of the issue.

1.9 Definition of Key Terms

Human Rights Abuses: Violations of the basic rights and freedoms to which all humans are entitled, including unlawful arrest, detention, and physical violence.

Protest: A public demonstration expressing strong objection to policies or actions, typically organized as a collective effort to demand change.

Democratic Governance: A system of governance in which power is vested in the people and exercised through free and fair elections, the protection of human rights, and the rule of law.

Bottom of Form

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

EndBadGovernance: This term refers to a protest movement aimed at addressing and bringing an end to poor governance practices, such as corruption, abuse of power, lack of accountability, and ineffective policies. In the Nigerian context, it reflects a public call for improved governance, transparency, and better leadership, particularly through organized protests, such as the EndBadGovernance movement under the Tinubu administration in 2024.

Human Rights: Human rights are the basic rights and freedoms that all individuals are entitled to, regardless of nationality, gender, race, or religion. These rights include the right to life, freedom of expression, equality before the law, the right to protest, and freedom from torture or arbitrary arrest.