On January 9th, 2012, there will be massive protests against the removal of fuel subsidy across Nigeria, barring any intervention. As one who has handled a large amount of criminal defense cases within the past ten (10) years of practicing law, I know that when there is a massive gathering like the ones anticipated protesting actions by the establishment, it increases the likelihood of altercations and arrests. Accordingly, this is a cheat sheet on what to do if you are arrested in Nigeria while protesting against the removal of fuel subsidy this upcoming Monday. Share this article with as many people as possible and tell them to share with others that will also be protesting.

What You Should Know if Arrested While Protesting in Nigeria

         [b]1. Chapter IV, Sections 39 and 40 of the Constitution of the Federal Republic of Nigeria gives you the  constitutional right to a freedom of expression and peaceful assembly. [/b]This is a guaranteed right and means you may assemble and protest peacefully against the removal of fuel subsidy, as you intend to.
         2. You DO NOT, under the constitution, have a right to fight, steal, hit others or engage in any criminal activity or conduct just because you are protesting. Such actions means you can and will most likely be arrested, charged if you are lucky, and prosecuted. If you are unlucky, as many incarcerated defendants in Nigeria’s jails and prisons are, then you could be arrested and detained indefinitely i.e. locked up and the keys thrown away with absolutely no due process accorded to you, despite the due process mandate provided in Nigeria’s constitution.
         3. The Nigerian Bar Association (NBA), an organization that regulates lawyers and the practice of law in Nigeria, is available, per the decree/order of the NBA President Joseph ’Bodunrin Daudu, to provide  free legal services to secure your release and dismissal of charges filed against you; should you be arrested while legitimately protesting against the removal of fuel subsidy.
         4. You should have the contacts of the appropriate NBA staff handy. For all contacts visit the NBA here. Lagosians, I have listed at the end of this article, NBA representatives and their contacts to have handy culled from the website.
         5. Finally, understand your legal rights and how Nigeria’s Criminal Procedure works when you are arrested. The gist of it is as follows:

What Court has the Power to Hear Your Criminal Case if you are Arrested While Protesting?

The State Federal High Court where you are arrested. This means, for example,  if you are arrested in Lagos, then expect Lagos courts to have jurisdiction (power) to hear your case. Please review the structure of Nigeria’s Legal system here.

What Law Governs?
Nigeria’s Federal Criminal Procedure Act and the respective state criminal procedure laws.

What is Criminal Procedure?
It is the rules of the criminal justice system that help your criminal defense lawyer, prosecutors, judges and the police navigate the criminal courts. This is independent from Nigeria’s Federal Penal Code. The Penal Code sets forth the actual criminal violations you allegedly committed. For example, breach of the peace, unlawful assembly, battery, assault etc.

What Can You Be Charged with While Protesting?
If you do not commit any criminal act, hopefully nothing. If you do, then you can be hit with felony and/or misdemeanor charges. For example, Felony criminal assault, misdemeanor battery etc.

What is a Felony? What is a Misdemeanor?
When a defendant is arrested, with or without a warrant, they have a right to know what they are charged with i.e. the basis for the arrest. Nigeria’s prosecutors can charge criminal defendants with felony and/or misdemeanors offenses. In Nigeria, a felony carries 3years or more prison term while a misdemeanor carries 6months (at a minimum) to 3years jail/prison term.

What Happens When a Person is Arrested in Nigeria?

    * Nigeria’s Constitution requires when a police effectuates an arrest without a warrant AND the crime is a non-capital offense, they must release the defendant on bail; IF they cannot bring the defendant before a court within 24hours from the time they arrested and detained such defendant.

How About Bail? How Does that Work?
The police have the broad discretion per the Criminal Procedure Act to determine whether they will grant a criminal defendant bail. The judges/judiciary tend to be passive letting the police basically do whatever they want to do. This creates opportunities of abuse that has been ongoing for decades within the legal justice system, specifically detentions without trials.

How Bad Does it Get with Detentions Without Trials in Nigeria?
According to data collected by human rights organizations within  and outside Nigeria, most of the people who are in Nigeria’s jail/prison system are persons detained without trial who ended up being detained for 16-40years. The outcry from the international community over these atrocities has been huge but it has not really made much of a difference.

I salute and commend all Nigerians fighting for what they believe and will continue to provide as much resources and information as I can that will be helpful to you. Please be safe and understand the issues. You might be asked to articulate your understanding of the issues by a TV reporter or print news media. It would be very helpful if you have a clear grasp of the issues and are protesting because of what you believe because the world is watching.

http://africamusiclaw.com/2012/01/occupynigeria-what-you-should-know-if-arrested-while-protesting-in-nigeria.html

rafhell:

occupy nigeria my Bottom!!!!

rafhell:

occupy nigeria my Bottom!!!!
[/quote

You know you are an I-D-I-OT!
For only i-d-i-ots will support an incompetent President.

Mr. Globe:

^ beaf and labaran maku. Ignore.

rafhell:

occupy nigeria my Bottom!!!!

doctokwus:

The poster is definitely not in support of d crime,he/she is using d #occupy nigeria symbol as a camouflage,this is govt agent in transparent disguise

AjCityOne:

Can't you guys see that the Jona administration have recruited a handsful of people to go online and promote their agender. Go to everyline online forums and you will see them writing in the favour of the removal. I have compiled most of the argument being made by them, so anytime you see the following:

(1) When government deregulated diesel nothing happened, everyone seem to be going about their business. Why now?

My answer to that is that, how many people use diesel to fuel their car, generator to power their home, office and workshop, fuel to move food stuff, raw material aroiund the country.

(2) Nigerian don't understand that government is saving all these money to do something better for the country.

My answer to that is that nigeria government is riddles with corruption from the lower to the higher level of government and they are telling us that this money will be distributed mong states govenment, local goventment and some govenment bodies that we all know are corrupt to the highiest level. No wonder no Governor, Local government chairman have come out  in support of the preotest because they know more money will be coming their way and that property they cannot afford in Dubai will be a thing of the past.

AjCityOne:

Can't you guys see that the Jona administration have recruited a handsful of people to go online and promote their agender. Go to everyline online forums and you will see them writing in the favour of the removal. I have compiled most of the argument being made by them, so anytime you see the following:

(1) When government deregulated diesel nothing happened, everyone seem to be going about their business. Why now?

My answer to that is that, how many people use diesel to fuel their car, generator to power their home, office and workshop, fuel to move food stuff, raw material aroiund the country.

(2) Nigerian don't understand that government is saving all these money to do something better for the country.

My answer to that is that nigeria government is riddles with corruption from the lower to the higher level of government and they are telling us that this money will be distributed mong states govenment, local goventment and some govenment bodies that we all know are corrupt to the highiest level. No wonder no Governor, Local government chairman have come out  in support of the preotest because they know more money will be coming their way and that property they cannot afford in Dubai will be a thing of the past.

dejust:

@mr official it is unfortunate that with your knowledge of law and Nigerian police, you are encouraging Nigerians to go on protest. You know Nigerians very well, so you can easily judge wether their protest will be peaciful or not if there is peaciful demonstration in 9aija police dictionary. Of all the crimes and ofences you listed, you have faild to tell us the ones the one killed in Ilorin and the one in Kano comitted or how you have pursued the case so that their relatives will get justice. I doubt if you are a lawyer, if you are, you are a disgrace to legal profesion. Thanks.

bilaya:

Fools.You people can never be original.So because Americans called theirs occupy wall street we are calling ours occupy Nigeria?

Sisi_Kill:

Lmao. . .God, I just love it when we pretend we live in a civilised society.  Yep, knowing these guidelines will be helpful. . . as helpful as a bullet hole in the head. Can you imagine trying to quote "Chapter VI, section 49 and 50, paragraph 21, Quote 40 of the Constitution" to the average policeman who doesn't know the meaning of the word constitution or that it even exists talk more of the contents? Jeedus freaking Christi. . .the comedy!

As a matter of fact, I'll implore the protesters not to even mention the word constitution at all when arrested, You run the risk of getting a thorough beat down. . .in addition to the standard thorough beat down you get immediately they arrest you because Officers Mukaila and Cletus from the Abule Gbogbo Police Division think you just admitted to being a 419er since the only word they are familiar with is the CON in Constitution

[size=14pt]I say for your own safety, if you are arrested, just keep mum.[/size] 

On a side note, Rotflmao @ Agender. Is that like being Apolitical or Asexual?    ??