ONE nightmarish experience of organizers of rallies, parties, meetings and other social gatherings today in Nigeria is the insistence of security operatives that the organizers must get the nod of the security agency particularly the police before they can hold such rally or even peaceful protest.
Many citizens including students’ leaders, organized labour leaders, members of opposition political parties, civil rights activists have more often than not have their rallies forcefully dispersed while some members are brutalized, harassed and thrown into detentions for organizing their rallies or protests without police permit.
This act of unleashing brute force for persons organizing a rally, meeting or protest because they did not obtain police permit as condition precedent is wrong and the courts have not only said so but explain why such permit should not be made a pre-condition for such exercise of fundamental human right.
Indeed, such permit is unknown to law and cannot vitiate fundamental right guaranteed by the 1999 constitution of the federal Republic of Nigeria and international legal instruments like African Charter on Human and Peoples Right.
Essentially such demand brazenly violates the citizens fundamental rights to freedom of association guaranteed under the 1999 constitution (supra) and freedom of expression provided for under section 39 of the constitution (supra).
This is so particularly in a democratic setting where citizens’ inalienable rights to freedom of expression and peaceful assembly form a solid component of the democratic norms and values
Rallies, Protests or placard carrying demonstrations constitute a universally recognized fundamental right and avenue for espousing views especially on matters of public interest to the people hence have found eloquent expression in both national and international legal instruments recognizing, protecting and preserving such rights.
The African charter on Human and peoples’ Rights in section 11 for instance, clearly provides “Every individual shall have the right to assemble freely with others”
Just as section 40 of the 1999 Constitution of the Federal Republic of Nigeria, in very clear and unambiguous terms states “Every person shall be entitled to assemble freely and associate with other persons…”
The courts in addition to these provisions of the 1999 constitution of the Federal Republic of Nigeria (as amended) and the African charter on human and peoples’ rights, have in very illuminating and sagacious judgments made it clear that peaceful protest does not need such permit before it can take place.
Indeed, our Courts have made it clear that police permit is archaic and has outlived its usefulness hence not needed in a modern democracy before a peaceful protest can take place. This has been adumbrated in a plethora of cases.
In the case of ANPP V IGP for instance, the court per Adekeye JCA held inter alia “it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally”
Similarly, in neighboring Ghana, the supreme court minced no words when it held that a legislation like the public order Act need is anachronistic and of no use in a modern democratic society.
In New Patriotic Party v Inspector general of police Accra (1992-1995) GBR 585, the court held thus “Statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permit is the brain child of the colonial era and ought not to remain in our statute books”
The Appeal court in Nigeria, per MOHAMMED JCA, has equally faulted requirement of police permit for peaceful protest when he observed thus “In present day Nigeria, clearly police permit has outlived its usefulness. Certainly, in a democracy, it is the right of citizens to conduct peaceful demonstrations without seeking or obtaining permission from anybody. It is a right guaranteed by the 1999 constitution and any law that attempts to curtail such right is null and void and of no consequence” the courts
From these clear position of the laws and pronouncements of our Law lords, one can see the reason why rallies and peaceful protests do not require police or any other security agency’s permit
It is therefore obnoxious, preposterous and totally unacceptable for any security agency to insist on issuing permit to peaceful protesters before the demonstration can take place.
It is however when rally is for unlawful purpose or is not peaceful that the police or other security operatives can intervene and disperse such gathering.
Police therefore can only step in to provide security for the protesters or if a peaceful protest degenerates into violence thereby infringing on other persons right turning into a riotous situation.
In such circumstance, police can take step by applying reasonable force to disperse the rioters and even arrest same but have no right to torture or punish the suspects. It is only a court of competent jurisdiction after trial and finding the defendants guilty that has power to punish by convicting and sentencing same in accordance with the law.
Torturing or punishing protesters is clearly outside the power of the police or any security officer. Any security officer who tortures or purports to punish a protester is liable to 25 years’ jail term. See section 8(2) Anti torture Act 2017. That is not to say that perpetrators of violence during rallies protests or other gatherings of persons cannot be punished.
They can be punished but certainly not by security operatives. Perpetrators of violence during rallies or protests are tried by law courts and if found guilty are punished by laws of the land.
By now one can understand why police permit is not a must for holding rallies.