Law

LSP010: The #EndSars Protest and Law.

For over a week now, several Nigerians have been protesting over cases of assault, unjustified arrest, extortion, brutality, and killing of peaceful protesters by members of the Nigerian Police Force. We at The Legal Standpoint also join our voice with other united voices of Nigerians to call on the Nigerian government to quickly and manifestly hearken to our pleas.

Since #EndSar is a global protest which affects every Nigerian, this week’s publication centers on legal snippets surrounding the protest.

1. As stated last week, engaging in a peaceful protest is a constitutional right of citizens. See Here

2. Peradventure someone got hit by a stray bullet or intentionally shot at during the protest and still alive, by virtue of Section 1 and 2(2)(a) of the Compulsory Treatment and Care for Victims of Gunshot Act 2017 (The Act), every hospital in Nigeria whether private or public shall receive and treat gunshot or bullet wound victims with or without police clearance and such an individual must be attended to even without the payment of an initial monetary deposit.

Furthermore, there is a duty of care on every person, including, the security agent, to make sure they render every possible assistance to the person with a gunshot wound and ensure such an individual is taken to the nearest hospital for immediate treatment. The Act further states that any person or authority inclusive of the police, other security agent or hospital who stands by and fail to render assistance and this results in the unnecessary death of a gunshot victim shall be liable to imprisonment for 5 years or a fine of ₦500,000.00 or both.

3. While exercising this constitutional guaranteed right to a peaceful protest, if a protester’s rights are violated, such an individual can bring an against the violator in a competent Court of Law.

Thank you and see you next week.

#EndSars#EndPoliceBrutality💪🏿✊🏿

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