In recent time Hon Justice Sylvanis Oriji of the FCT High Court has been subjected to unwarranted censure following his prudent decision to restrict the End Bad Government protesters to the MKO Abiola Stadium in Abuja. This calumny, often instigated by some agents and surprisingly some lawyers, grossly misrepresents him as inimical to the populace. In reality, Justice Oriji was assiduously discharging his judicial duty to maintain public order while respecting the rights of citizens.
Judicial Responsibility and Public Safety
The judiciary bears the sacrosanct responsibility of balancing the right to peaceful assembly with the government's obligation to maintain public order. While peaceful protests are a cornerstone of democratic liberties, enabling citizens to voice dissent and hold the government accountable, they may also present risks to public safety. Hon Justice Oriji's ruling ought to be viewed through this lens. By designating a specific area for the protest, he was not inhibiting dissent but rather creating a controlled space allowing citizens to express their grievances without provoking chaos or violence.
A Call for Support and Recognition
It is essential for us to rally behind both Hon Justice Oriji and the Minister of FCT, Nyesom Wike, in recognition of their commitment to public safety. Their actions reflect an acute awareness that chaotic protests can lead to perilous outcomes. Indeed, the court's order likely averted significant harm. Therefore, I implore President Tinubu to confer a National Honour upon Justice Oriji, acknowledging his judiciousness in this critical matter.
Balancing Rights and Responsibilities
This predicament underscores the delicate balance that must be maintained between rights and responsibilities. While it is vital that citizens be permitted to protest, the implications for our democracy hinge significantly upon how such assemblies are managed. Restrictions must be reasonable and proportionate; overly broad measures could encroach upon democratic freedoms, while targeted actions prioritising safety are indispensable.
Learning from Other Approaches
We can draw valuable lessons from Governor Aiyedatiwa of Ondo State, whose approach exemplifies constructive engagements with stakeholders in Ondo State in ensuring that the State is at peace before, during and after the protest. His Excellency’s administration emphasised open communication and collaboration with citizens, striving for mutually agreeable solutions while safeguarding public safety. He also encourage the Office of the Attorney-General of Ondo State, to set up a 24-hour Interventionist Unit, Citizens Rights and Advisory Bureau, CRAB, in which the people of the State come with their complaints and enquiries through our dedicated phone lines and other electronic devices to get across to the governor and his aides.
Advice for Future Protests
For the benefit of future demonstrations, I would tender the following recommendations:
1. Careful Planning: Organisers should proactively engage with relevant authorities to discuss logistics and safety protocols.
2. Effective Communication: Utilising media platforms to articulate clear, concise messages will ensure the protest's objectives are effectively communicated.
3. Commitment to Peace: Emphasising non-violence will help safeguard the protest from being co-opted by malicious elements.
4. Collaboration with Law Enforcement: Cooperation with authorities can cultivate a safer environment, ensuring that the rights of all parties are respected.
5. Seek Alternatives: Prior to embarking on protests, engaging with the government to explore alternative resolutions is crucial.
Conclusion
In summation, we must acknowledge Hon Justice Oriji's vital role in preserving public order and protecting the rights of citizens. His decision should not be viewed as an affront to democracy, but rather as a necessary measure aimed at ensuring safety. As we champion the right to protest, we must concurrently respect the judicial processes that work diligently to uphold balance within our society.
-Olukayode Ajulo, OON, SAN, PhD
Hon Attorney General of Ondo State, Nigeria.