Barring any unforeseen circumstances, Nigerians across the 36 states of the federation will today peacefully take to the streets to protest against asphyxiating effects of hunger, starvation and general hardship under the President Bola Ahmed Tinubu administration.
Media reports say the protest will last for ten days beginning from today August 1, 2024 ending by 10 August 2024.
The police and other security agencies have since been strategizing on their role to ensure that there is no breakdown of law and order while the protest lasts.
One of the questions agitating the minds of many citizens is whether the demonstrators and their organizers have to obtain police permit before they can embark on the protest.
Some are ignorantly of the view that police permit or license is needed as condition precedent for the demonstration. In law however, such permit is unknown and cannot stifle the conduct of a peaceful protest.
Protest or placard carrying demonstration is a universally recognized fundamental right and a means for expressing views especially on matters of public interest to the people and this has indeed found eloquent expression in both national and international legal instruments making clear provisions for such rights.
This is in line with the recognition particularly in a democratic setting of citizens’ inalienable rights to freedom of expression and peaceful assembly.
For instance, The African charter on Human and peoples’ Rights in section 11 thereof clearly provides “Every individual shall have the right to assemble freely with others”
Similarly, section 40 of the 1999 Constitution of the Federal Republic of Nigeria, in, clear and unambiguous terms states “Every person shall be entitled to assemble freely and associate with other persons…”
Apart from these provisions of the constitution and the African charter on human and people’s rights, the courts have in very illuminating judgments made it clear that peaceful protest does not need such permit before it can take place.
Despite these, many still think that the permit is necessary probably hinging such view on their misunderstanding of the public order Act.
Our Courts have however 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, the court has adumbrated in a plethora of cases.
For instance, in the case of ANPP V IGP 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”
Also in neighbouring country, Ghana, the supreme court minced no words in holding 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”
Furthermore, the Appeal court in Nigeria, per MOHAMMED JCA faulted reauirement of police permit for peaceful protest 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”
From these clear positions of the laws and pronouncements of our Lawlords, it is only crystal clear that peaceful protest does not need 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.
Essentially such demand brazingly 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).
Police 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 therefore 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.
