…as armed soldiers, policemen take over Lekki Toll Gate plaza
Participants in today’s planned protest in Lagos to commemorate the first anniversary of #EndSARS may clash with the police and other security agencies over their insistence on going ahead with the public protest despite the warnings against such action by the state Police Command.
On Tuesday, the police carried out a show of force in Lagos to warn would-be troublemakers and to also assure residents of their safety.
Similarly, the police in Oyo warned residents of the state not to take part in any protest today.
The Lagos State Commissioner of Police, Hakeem Odumosu, said that the command would deploy all “legitimate means” to stop the planned protest to commemorate the first anniversary of #EndSARS.
This is inspite of the announcement on social media by one of the organisers of the commemorative protest, musician Falz, urging youths in Lagos to turn up for today’s event, which he described as one for “heroes’ remembrance.”
Also, human rights activist and Senior Advocate of Nigeria, Femi Falana, has said only state governors and not the police have control over rallies.
Falana argued that Nigerians did not need any police permit to carry out protest as it’s their right to do so.
However, armed soldiers, policemen and others security agencies have since Sunday been deploying around the Lekki Toll Gate in Lagos, the epicentre of last year’s #EndSARS protest.
In October 2020, youths stormed the streets in some parts of the country to express their anger against the now-disbanded Special Anti-Robbery Squad unit of the Nigeria Police Force.
To mark the one year anniversary of the protest, some youths have scheduled for today a series of activities, including protests at some strategic places across the country.
But the Lagos State Police Command, on Tuesday, warned against any street protest today in commemoration of the one-year anniversary.
The police in the state also denied authorising street protests in Lagos for today’s EndSARS anniversary.
In a statement, the state Police Public Relations Officer, CSP Adekunle Ajisebutu, stated that the police would only allow an indoor and virtual event in commemoration of the EndSARS anniversary.
The police also assured that it would provide adequate security at the venue(s) of the protests, if known.
The statement by the police read: “Attention of the Lagos State Police Command has been drawn to a post being circulated on the social media insinuating that the police in Lagos have agreed to allow street protests in commemoration of the one-year EndSARS anniversary on 20th October 2021.
“On the contrary, the police will only allow an indoor and virtual event in commemoration of the EndSARS anniversary and will provide adequate security at the venue (s) if known. This is in recognition of rights of every Nigerian to express his or her interest.
“We wish we could permit such street protests. However, intelligence at our disposal has revealed plans by some faceless groups or individuals to stage an anti-EndSARS anniversary protest in the state same day.
“In view of the conflicting interest between the pro and anti- EndSARS anniversary groups and threat to cause mayhem, the Command once again warns both groups against any form of street protest between now and 20th October 2021 and beyond.
“It is acknowledged that citizens have the right to peaceful protests. However, in this instance having carried out a critical security assessment and intelligence report at the disposal of the Lagos Command in respect of the planned protests and attendant implications on public safety, the Command considers it inappropriate to allow such protests to hold. It will not stand aloof and allow breakdown of law and order which the protests may cause.”
The police added that to avoid a recurrence of last year’s violence in which some innocent Nigerians, including policemen, were gruesomely killed and private and public property worth billions of Naira were destroyed, it would not stand by and watch such an avoidable incident to repeat itself in Lagos.
The statement added, “Therefore, in the interest of security and public safety, the Commissioner of Police, CP Hakeem Odumosu, wishes to warn the organisers of the protests that the police will deploy all legitimate means to stop or neutralise the planned protests.
“Parents, guardians are admonished to warn their children against participating in the protests. Similarly, youths and other individuals or groups planning to take part in the protests are further warned in their own interest to shelve the plan.”
No going back on #EndSARSMemorial rally, organisers vow
But inspite of police warning, the organisers on Tuesday night insisted that their planned rally in commemoration of the one year anniversary of #EndSARS in the country would hold today.
The protesters stated this in a statement by their lawyers under the aegis of Radical Agenda Movement in the Nigerian Bar Association.
The protesters, in the statement jointly signed by the group’s Chairman, Adesina Ogunlana, and Secretary, Ayodele Ademoluyi, said, “The assertion in the Press Statement that the “attention of the Lagos State Police Command has been drawn to a post being circulated on the social media insinuating that the Police in Lagos have agreed to allow street protests in commemoration of the one year #EndSARS anniversary on the 20th October, 2021” begs the question of even whether your Command or the entire Nigeria Police Force have the capacity in law to allow or disallow citizens of Lagos State and of Nigeria from exercising their right to peaceful protest, which is guaranteed under the Constitution of the Federal Republic of Nigeria(1999 as amended).
“We assert further that the assertion that “on the contrary, the Police will ONLY ALLOW an indoor and virtual event in commemoration of the #EndSARS Anniversary and will provide adequate security at the venue(s) if known” flies in the face of the decision in MUHAMMADU BUHARI v INSPECTOR GENERAL OF POLICE that Police Permit are not required for peaceful processions in exercise of fundamental right to peaceful assembly.
“We are of the respectful view that your Command by its stated position has resolved once again to repress the fundamental rights of peaceful citizens who wish to come out tomorrow, 20th October, 2021 to commemorate the #EndSARS Anniversary.
“You will kindly note that the fundamental rights of freedoms of association, peaceful assembly, peacable procession, freedom of movement and expression are all enshrined and guaranteed under the grundnorm, the Constitution of the Federal Republic of Nigeria (1999 as amended).
“Further take note that members of the #EndSARS movement or citizens interested in marking the First Anniversary of the 2020 #EndSARS Protests at no time or place threatened violence , breach of the public peace or causing nuisance of any sort in their commemoration activities.We challenge you to show evidence to the contrary.
“In the foregoing, we ask your Command to respect the Constitution and being lawkeepers obey the laws of the land, in respect of the matter at hand.”
Come out for heroes’ remembrance, Falz urges youths
But pop star, Falz, on Tuesday enjoined youths in the country, especially Lagos, to come out today to honour their colleagues killed during last year’s EndSARS protests.
Falz stated this on his Instagram page, stressing that there won’t be protest, but a procession through the Lekki tollgate in remembrance of those who lost their lives on October 20 last year during the #EndSARS protest.
He said that it’s impossible not to “memorialize our fallen heroes”.
According to his post: “We will never ever forget that Innocent Nigerian citizens waved flags and sang till they were shot at, injured, and killed.
“We must never forget we are rolling up in cars tomorrow to drive through the tollgate. We know their way, so a procession of cars is the safest option to minimize police harassment.”
The musician assured participants of safety in their cars.
“We will stay in our vehicles throughout. We have rides for people that need them. Each and everyone’s safety is very important so, please let’s move together,” he said.
Falana speaks
In his comments on today’s planned protests, Falana said Nigerians have the right to protest without getting any license or police permit.
According to him, state governors are vested with the power to “manage public meetings, rallies and processions” under the Public Order Act.
Falana said, “Last year, some lawyers questioned the legal validity of the decision of 28 out of the 36 state governors in the country to institute judicial commissions of inquiry to investigate serious allegations of police brutality after the #endsars protests in October 2021.
“I was compelled to draw the attention of such lawyers to the case of Chief Gani Fawehinmi v. Ibrahim Babangida (2003) 12 WRN 1 where the Supreme Court held that the power to set a tribunal of Inquiry is vested in state governors and that the power of the President to institute a commission of enquiry under the Tribunal of Enquiry Act is limited to the federal capital territory.
“Consequently, while the state governors set up the judicial commissions for each of the states the panel instituted by the President was limited to the federal capital territory.
“In view of the foregoing, governors should take control of the security situation in all states of the federation. In particular, state governors should henceforth exercise the exclusive powers conferred on them to manage public meetings, rallies and processions in line with the provisions of the Public Order Act and the relevant judicial authorities.
“The Inspector-General of police and commissioners of police should stop usurping the powers of state governors to infringe on the fundamental right of the Nigerian people to protest peacefully against public policies considered inimical to their interests.
“State attorneys-general are enjoined to ensure that police officers are prosecuted whenever they refuse to provide adequate security for participants in public meetings, rallies and processions in contravention of section 83 (4) of the Police Establishment Act, 2020 which provides as follows:
“Where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or the procession.”
Security operatives take over Lekki tollgate
On Wednesday, ahead of today’s planned protests in commemoration of the first anniversary of the #EndSARS, more armed security operatives, including police, soldiers and others were deployed around the Lekki tollgate plaza.
Recall that the protests came to a grinding halt after October 20, 2020, the date of a brutal crackdown on peaceful protesters at the Lekki tollgate.
EndSARS began as a campaign to end the Special Anti-Robbery Squad unit, which had become notorious for extortion, torture and extrajudicial killings.
But after the protest took another dimension and extended to protests against bad governance, Federal Government disbanded SARs and promised reforms.
The youths, however, remained adamant and continued the protest until soldiers stormed the toll gate and the shootings occurred, sparking off nationwide violence.