- As Benue State University suspends medical students following peaceful protest
With the one-month suspension placed on all medical students from 200 to 600 levels, by the Management of Benue State University, concerns have been raised over the new wave of gagging being deployed by various authorities in Nigeria to quash any form of protest particularly since the Court of Appeal quashed Public Order Act nearly 16 years ago.
The suspension made known in a memo shared by the Benue State University in Makurdi on Monday according to TVC News, came in the wake of a peaceful protest organised by medical students, during which they raised concerns about the arbitrary withdrawal of their peers, water shortages, and overcrowded living conditions, with up to five students in a room designed for two.
An internal memorandum, signed by the Registrar, Dr. Mrs. Mfaga Modom, outlined the terms of the suspension. It specifies that all affected students must vacate their school hostels by 10:00 AM on Monday, October 30, 2023, and are scheduled to return on Wednesday, November 25.
Dr. Modom further stated in the memo that upon their return, each student must provide a Sworn Affidavit from a competent Court of Law, affirming their good conduct. Additionally, each of the students must come with a parent or guardian responsible for signing an undertaking of good conduct.
This is notwithstanding that the Court of Appeal in December 2007, affirmed the inalienable right of Nigerians and associations to hold rallies event without a police permit.
Kingson Uwandu in his article Right to protest: A fundamental human right notes that: “Principle 1 of the Resolution on Promotion and Protection of Human Right in the context of Protest recognizes that a protest can engage in actions targeting any audience, including public authorities, private entities or individuals, or the general public and may annoy or give offence to people who are opposed to the ideas. It also recognizes that protest may temporarily hinder or obstruct the activities of third parties.
“Principle 2 then imposes obligations on States/countries to respect the right to protest. States should not prevent, hinder or restrict the right to protest; States should protect the right to protest and should undertake reasonable steps to protect protesters by adopting measures necessary to prevent violations by third parties; States should fulfil the right to protest by establishing an enabling environment for the full enjoyment of right to protest. Instead of the Nigerian government to protect her citizens exercising their right to protest, the protesters were despised and calculatedly made vulnerable and subject of attack…”
In its opinion on the Public Order Act, Rightofassembly.info observed that the Court’s decision has not yet been reflected in legislative changes adding that “in All Nigeria Peoples Party v. Inspector-General of Police, Justice Adekeye held that:
The Public Order Act should be promulgated to complement sections 39 and 40 of the Constitution in context and not to stifle or cripple it. A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognized and deeply entrenched in the system of governance in civilized countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience (italics added for emphasis).”
As Nigerian citizens are expected to exhibit appropriate and responsible conduct at all times, Public Affairs Analysts insist that the right to peaceful protest is inalienable and guaranteed by domestic and international statutes.
They maintain that Nigerians must be allowed to exercise their right to peaceful protests while expressing concern citizens are gradually being cowed into submission after or even before embarking on peaceful protests under the guise of protecting public property.
