Salim Umar Ibrahim
The Bauchi state Coordinator, Save Nigerian Students, and also the President, National Association of Bauchi State Students, NUBASS, Comrade Adamu Musa Kaloma, has been arrested by the police.
Kaloma, was said to be arrested for calling out a peaceful protest on the Safe reopening of schools and scholarship payment scheduled to hold on Monday 27th, July 2020.
The invitation of the protest released by Kaloma
Reacting to the arrest, the national body of the association, has lamented over the unlawful and unconditional arrest citing provisions of the constitution which violets the arrest of the concerned innocent citizen who wants to exercise his fundamental human right within the ambit of the law.
Therefore, Concerned Citizens of Nigeria, through its national coordinator, Khalid Sunusi Kani, has issued 24hours ultimatum to the police to release Kaloma and make a public apology or face the necessary legal action.
In a statement sent to The Campus Watch reads as follows:
“CONCERNED CITIZENS OF NIGERIA
CONDEMNATION OF THE ACT OF POLICE AND A CALL FOR IMMEDIATE RELEASE OF COMRADE ADAMU MUSA KALOMA.
The only weapon of a common man in a democratic society is freedom in all aspects which is inherent in human nature and fundamentally, the protection of such rights is a duty of government but not to stifle or cripple it whether directly or through its agencies as premised in Chapter IV of the constitution.
In the voyage of eradicating dictatorship, the democracy gives citizens right to voice out their grievances in any lawful means which it can be heard either by expressing it in a way opinion or thought as provided under section 39(1) of the constitution or by way of peaceful assemblies and protests as expressed in section 40 of the constitution.
The court as the last hope of a common man bitterly warned the police on how they brutally treat citizens when they expressed their grievances by way of the protest who leads to repeal such law (Public Order Act). Hence, the so-called maltreatment of police is unlawful. In the case of all Nigeria People Party V Inspector General of Police (2007) Justice Adekeye (JCA) held that: “the Public Order Act should be promulgated to compliment sections 39 and 40 of the constitution in context and not to stifle or cripple it. A rally or carrying demonstrations 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 dividends of their experience”.
Under international law which Nigeria ratified and domesticated, the duty of the state and its law enforcement agencies is to facilitate the enjoyment of the right of peaceful assembly and not unlawful denial and apprehension as agitated in United Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Assuming but not conceding, the police have the power to prohibit peaceful assemblies and protests, they are to exercise such power when the protest is taking place or do anything reasonable to prevent it but not by the unlawful arrest of a concerned citizen who is aiming of taking necessary measures of discharging his responsibilities as a President as mere “men’s rea” alone can never constitute an offense without its counterpart “actus reus”.
Based on the above explicit stand and provisions of the constitution, we firmly and disheartens condemn the unlawful act of police on arresting an innocent and concerned citizen who wants to exercise his fundamental human right within the ambit of law and we give the police ultimatum of 24 hours from now to release Comrade Adamu Musa KALOMA President National Association of Bauchi State Students and publish public apology failure of which will lead us to take all necessary and legal actions.”
