Connect with us

Opinion

Police Permit Not Required For Rallies In Nigeria

Published

on

In January 2012, the mass protests against the so-called
removal of fuel subsidy were violently disrupted by the police and the army personnel. During its recent industrial action the Academic Staff Union of Universities had cause to direct its members to embark on protests to draw public attention to the underfunding of public universities in Nigeria. The Police dispersed the protesting academics with tear gas. A fortnight ago, a political rally in Port Harcourt, Rivers State was brutally suppressed by the Police. In justifying the violent attack, Mr. Joseph Mbu, the Rivers State Commissioner of Police claimed that the rally was unauthorized, as the conveners did not obtain police permit. Since the disruption of public meetings and rallies is an infringement of the fundamental right of Nigerians to freedom of association, assembly and expression, it is pertinent to draw the attention of the authorities to the state of the law on public meetings.
Under the Public Order Act (Cap P42) Laws of the Federation of Nigeria, 2004 the power to regulate public meetings, processions and rallies in any part of Nigeria was exclusively vested in the governors of the respective States of the Federation. Thus, by virtue of Section 1 of the Act, the Commissioner of Police or any other police officer could not issue a licence or permit for any meeting or rally without the authority of the governor. In other words, no police officer was competent to issue a permit for holding any public meeting or rallies or cancel any such public meeting or rally without the authority of the governor of a State.
In the case of All Nigeria Peoples Party  & Ors. v. Inspector General of Police (2006) CHR 181,the Plaintiffs being registered political parties requested the Defendant, the Inspector-General by a letter dated 21st May, 2003 to issue Police Permits to their members to hold unity rallies throughout the country to protest the rigging of the 2003 elections. The request was refused. There was a violent disruption of the rally organized in Kano on the 22nd of September, 2003 on the ground that no police permit was obtained.
In a suit filed at the Federal High Court against the Inspector-General of Police, the Plaintiffs challenged the constitutional validity of Police permit under the Public Order Act and the violent disruption of the rally. In defending the action, the Defendant contended that the conveners of the rally did not obtain a Police permit. In dismissing the contention of the Police, the trial judge, the Honourable Justice Chinyere stated inter alia:
“The gist of the provision in Section 1 of the Act is that the Governor of each State is empowered to direct the conduct of all assemblies, meetings and processions on public roads or places of public resort in the State and prescribe the route by which and times at which the procession may pass. Persons desirous of convening  any assembly or meeting or of forming a procession in any public resort must apply and obtain the license of the Governor. The Governor can delegate his powers to the Commissioner of Police of the State or to other police officers. Persons aggrieved by the decision of the Commissioner of Police may appeal to the Governor and the decision of the Governor shall be final and no further appeal shall lie therefrom.”
On the inconsistency of police permit with Sections 39 and 40 of the Constitution and Article 11 of the African Charter on Human and Peoples’ Rights Act (Cap A9) Laws of the Federation of Nigeria, 2004, the learned trial judge said:
“In my view, the provision in Section 40 of the Constitution is clear, direct and unambiguous. It is formulated and designed to confer on every person the right to assemble freely and associate with other persons. I am therefore persuaded by the argument of Mr. Falana that by the combined effect of Sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association. I agree with Mr. Falana that violation can only be done by the procedure permitted by law, under Section 45 of the Constitution, in which case there must be a state of emergency properly declared before theses rights can be violated.
I also agree with Mr. Falana that the criminal law is there to take care if protesters resort to violence in the course of demonstration and that once the rights are exercised peacefully, they cannot be taken away.
The Public Order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration, is an aberration to a democratic society. It is inconsistent with the provisions of the 1999 Constitution. In particular, Sections 1(2),(3),(4),(5) and (6), 2, 3 and 4 are inconsistent with the fundamental rights provisions in the 1999 Constitution and to the extent of their inconsistency, they are void. I hereby so declare.”
After declaring the provisions of the Public Order Act which require police permit for public meetings and rallies illegal and unconstitutional, the Federal High Court proceeded to grant the following reliefs:
1.   A  DECLARATION that the requirement of police permit or other authority for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.
2.  A  DECLARATION that the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 which require police permit or any other authority for the holding of rallies or processions in any part of Nigeria is illegal and unconstitutional as they contravene section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.
3.    A  DECLARATION that the Defendant is not competent under the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 or under any law whatever to issue or grant permit for the holding of rallies or processions in any part of Nigeria.
4.    AN  ORDER OF PERPETUAL INJUNCTION restraining the Defendant (the Inspector-General of Police) whether by himself, his agents, privies and servants from further preventing the Plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.”
Completely dissatisfied with the judgment of the Federal High Court on the issuance of Police permit, the Inspector-General of Police appealed to the Court of Appeal. Upon hearing the case, the Justices of the Court of Appeal unanimously affirmed the judgment of the Federal High Court. With respect to the powers of governors to authorize the issuance of permit for holding public meetings and rallies in their States, Olufunmilayo Adekeye JCA (as she then was) had this to say:
“On a proper perusal of the provisions particularly section 1 subsection 1-6, and sections 2-4 there is no where the name of the Inspector General is mentioned in connection with the issuance of permit for the purpose of conducting peaceful public assemblies. Such application is to be forwarded to the Governor within forty-eight hours of holding such. The Governor may delegate his powers under the Act to the Commissioner of Police of the State or any superior police officer of a rank not below that of a Chief Superintendent of Police as applicable to this case in hand.”
To be continued
Falana (SAN) is a human rights lawyer

 

Femi Falana

Continue Reading

Opinion

Other Sides In Junior Pope’s Death

Published

on

The tragic boat mishap of Wednesday, April 10, 2024, which claimed the lives of popular Nollywood actor, Mr John Paul Obumneme Odonwodo, popularly known as Junior Pope, and four others, has sent shock-waves across the Nigerian movie industry, and set the social media buzzing with reactions.
A contingent of 12 movie crew members had set out for a boat journey from the River Niger Cable point, a waterside jetty at Asaba in Delta State, to cross to the other side of River Niger, into Anam, a riverine community in Anambra State, for the shooting of a movie set titled ‘Another side of Life’ produced by Adanma Luke. Unfortunately, a series of avoidable events culminated the journey into an ill-fated expedition that sent fives lives to ‘the other side of life.’ The incident made the movie’s eventual ban a nullity, having played-out its symbolic meanings in real life while in the making, rather than on envisaged screens.
An avoidable incident, it exposed our society’s casual attitudes towards marine and general safety, as well as our endemic superstitions, while telling, on several flaps, other side tales of reality in the accounts of what transpired during the production, or rather, play of Adanma’s ‘Another side of Life.’
While veteran actor and Senior Adviser on Military Relations to the President of Actors’ Guild of Nigeria, Mr Steve Eboh, claimed he missed joining the ill-fated boat because he arrived too early before the crew, and had to go back, the producer, Adanma Luke, claimed she missed it because she came too late.
A journey’s jolly take-off from Asaba, Delta state, which ended tragically in its return from the other side in Anambra State, proved to be a rascally journey that showed the other side of rascality, even as T. C. Okoye claimed that pre-performing of obeisance to some marine spirits saved his life. But it was T. C. Okoye who had to hang unto a boat’s anchor in the face of death, rather than rely on the powers of the spirits he had appeased with Fanta, to await rescue from mortal men – sensible men, whose advise that one needs wear life jack during marine journeys – he had forsook, yet gave glory to his rituals after rescue.
Conversely, one may flip the flap to consider the other side of T. C. Okoye’s rituals to ruminate on other possibilities. Could the ringing of bells, spraying of money and snacks, and pouring of Fanta, have evoked the anger of the ‘marine spirits’ as rumoured, or distracted the boat driver, to the point of accident? And as reported by The Punch, what’s the significance of T. C. Okoye ‘dashing’ ritual money to innocent children whom circumstance made to be by the riverside?
Also, the argument by Mr Steve Eboh, that “If the star actors in that boat had wanted to wear life jackets, they would have been given the jackets” holds no ground, because the guild, as well as all the marine transport stakeholders, should have enforced strict safety compliance by all voyagers. It is therefore commendable that the Anambra State Commissioner of Police, Aderemi Adeoye, has ordered exhaustive investigations into the matter to determine criminal liability of all persons involved.
However, in the melee of pandemonium that accompanied rescue efforts, Nollywood celebrities, our society’s supposed role models, prioritized superstitious rescusitation over sure medical practice, rushing victims between spiritualists and hospitals, until a ‘pope’ whose work and journey had bound with the superstitious, died amidst superstition. Indeed, it’s during crises, when people care less about ‘packaging,’ that truth and the real personality of humans stand bare and naked.
While medical personnel who got their chance late had certified Jnr Pope dead, our star-persons held unto their spiritual advisers who claimed his spirit coming back to life, up until reality finally dawned that pope’s spirit has permanently crossed to the other side of life.
Regrettably, the reality has not fully dawned, otherwise three corpses shouldn’t have been buried by the riverside as dictated by spiritualists, and Jnr Pope’s family shouldn’t be worried about what would happen, as rumoured threatened of his three children, if his corpse is not buried by the riverside. However, it appears that having encountered the influence of a frontline celebrity, the spirits have turned capricious by bending divinely demands to accepting two cows, as rumoured, in exchange for Jnr Pope’s corpse being buried elsewhere.
According to the Anambra State Police Public Relations Officer, SP Tochukwu Ikenga, a team of rescuers comprising men of the Anambra State Marine Police Command, the National Inland Waterways Authority (NIWA) and the Maritime Workers Union of Nigeria, with the aid of fisher men, rescued seven persons alive to the Anambra side, while two retrieved corpses were sent across the other side, to the Delta State Marine Police Command jetty where Nollywood officials stood waiting. Of other three victims, two corpses were rescued next day, while a third was thrown out by river tides, all of whom; Abigail Fredrick (Vice Chairman of Costumer Designers Guild of Nigeria, and Akwa-Ibom State-born make-up artist), Precious Oforum (Sound engineer) and Joseph Anointing (Gaffer), have since been buried by the riverside, according to local belief.
However, what the police PRO’s statement didn’t reveal is if Jnr Pope’s corpse was sent to the other side in Delta after all the back and forth between spiritualists and medical personnel within Anambra, or if it was sent straight upon rescue to Delta state, but mysteriously found its way back to Anam, on the Anambra side.
It’s unfortunate that Nollywood which set out in its early days to expose superstitious beliefs and practices in our societies, in the hopes of enlightening the minds of the masses, and to curb the manace, has made many believe it’s rather reinforcing superstition in the ways it condicts the movie industry business.
Members of the showbiz in general, now appear to be key protagonists of superstition to the point that, being perceived as role models, so many youths have been drawn to lives of unrealistic dreams and materialism, which often get pursued through ritualism, with its attendant crimes.
Joseph Nwankwo
Continue Reading

Opinion

The Value Of Books And Reading

Published

on

The quality, quantity and diversity of books produced by a society are important indicators of that society’s level of development. . . .”–Valdehusa (1985).
April 23 of every year is marked around the world as ‘World Book and Copyright Day.’ Also known as ‘International Day of The Book,’ it is a Day set aside by the United Nations Educational, Scientific and Cultural Organisation (UNESCO), to promote reading, publishing and copyright. The Day aims to change lives through a love of books and shared reading.  The theme for the 2024 ‘World Book Day’ is: “Read Your Way.” This year’s theme calls on everyone to let go of pressure and expectations, giving children a choice – and a chance to enjoy reading.
According to Audrey Azoulay, Director-General of UNESCO: “Books have the unique ability to entertain and to teach. They are at once a means of exploring realms beyond our personal experience through exposure to different authors, universes and cultures, and a means of accessing the deepest recesses of our inner selves.”  Therefore, the power of books should be leveraged to combat isolation, reinforce ties between people, and expand our horizons, while stimulating our minds and creativity. It is critical to take the time to read on our own, or with our children.
Did you know that The Bible stands out as the most widely translated and distributed book worldwide? Yes, the Bible is by far the most widely translated and distributed book! Its wisdom has reached and helped more people than any other book or publication. 96.5 percent of the world’s population has access to the Bible. The Bible is available (in whole or in part) in over 3,300 languages, and the estimated number of copies of the Bible produced is 5billion, far more than any other book in history.  Which other book(s) do you enjoy or have you enjoyed reading? As for me, one book I am currently enjoying reading is a 400 – 500 page healthcare handbook titled, Where there is no doctor, authored by David Werner. It is a very valuable healthcare handbook that I have found to be very very beneficial! In fact, this healthcare handbook has been fondly described by some as “the ‘Bible’ of health education,” and I strongly recommend that every family should have a copy of this book at home. Apart from this book, I also enjoy reading for pleasure children’s books, such as those I have found on booksmart.worldreader.org and www.africanstorybook.org. What about you? What books have you enjoyed or do you enjoy reading? Do you know about the book industry? There are three major sectors of the book industry. They are: publishers, booksellers and libraries.
Book publishing is channelled towards promoting learning and expanding knowledge.  In a strict sense, book publishing starts from the point of conceptualisation of the ideas for the book by the author, and ends at the very last stage – the end-user (the reader). The history of book publishing in Nigeria can be traced to the establishment of the very first publishing press in Calabar, in 1846, by Rev. Hope Waddel of the Presbyterian Church of Scotland Mission. The press was used to print Bible lessons and later arithmetic books for schools.
In 1854, another Missionary based in Abeokuta, Rev. Henry Townsend of the Church Missionary Society (CMS), established a Press. Five years later (1859), he used it to print the very first newspaper in Nigeria – ‘Iwe Irohin.’ Thereafter, notable Nigerians like Herbert Macaulay established the first indigenous newspaper in 1926, called Lagos Daily News. Also, in the same year, Daily Times made its debut.  In 1949, Oxford University Press (OUP) floated a sales outlet in Nigeria. This action attracted many foreign-based publishing firms to Nigeria, such as Macmillan, Longman and others. The first published book in Nigeria by OUP was released in 1963, when its local branch published ‘Ijala Ere Ode’, a Yoruba poetry genre by Oladiipo Yemitan. Aside from the foreign companies, many other home-based publishing houses were architected by indigenous entrepreneurs. The book publishing industry in Nigeria has continued to enjoy drastic growth ever since.
However, in the last few decades, the Nigerian indigenous book publishing industry has experienced a downturn due to numerous challenges facing the industry, including: book piracy, proliferation of unqualified author -.publishers, lack of capital, and inability to provide adequate numbers of high-quality books.
Other challenges include: poor reading culture, infrastructural decay, dearth of expertise, incessant rancour among the major stakeholders, and so forth.
Therefore, here are some suggestions for developing our book publishing industry in Nigeria: Stakeholders such as government, publishers, authors, regulators, booksellers, libraries, and readers should cooperate among themselves and contribute their quota immensely towards the development of a virile book publishing industry.  Private investors such as banks, finance houses and influential individuals should participate, especially in terms of massive capital injection.
Ighakpe writes in from FESTAC Town, Lagos.
 Daniel Ighakpe
Continue Reading

Opinion

Let The Poor Breathe

Published

on

In  the history of our nation, only petroleum products have suffered more incessant increments in prices than electricity supply in all public products and services. Unfortunately, those are the two main things that impact mostly on our lives and national economy. While the increment in petroleum products’ prices is always attributed to the price of crude oil at the international market and the need to curb the scarcity by encouraging the supply, the increment in the electricity tariff has never had any justifiable reason and no service improvement afterwards. In fact, the electricity supply has gone far worse now that the tariff has gone up by over 300 percent. One of the underlying reasons for the planned electricity subsidy removal as unconsciously relayed by the Minister of Power on TVC News is the sabotage of the system by those collecting the subsidy money to maintain the assets. He said: “These are assets that we spend the country’s money on, and our brothers deliberately sabotage them. So, you can see that some people are hiding somewhere that do not want this sector to work”.
Just as the petroleum subsidy must go because the government is too impotent to handle the petroleum subsidy racketeers, the electricity subsidy has to also go at the expense of the poor masses and no one has been prosecuted for it.
When the oligarchs rob us blind, the poor masses are made to pay. The only tool that seems to be at the disposal of this government for the combat of economic challenges brought by the corruption of the political elites is to make the poor masses suffer deprivations.
No doubt, stopping the monkeys from the banana plantation is a Herculean task. But those with their thinking caps on will not need to destroy the banana plantation to ward off the monkeys. The Federal Government has taken several decisions in the last one year that are akin to milking the debilitated cow to feed the virile buffalo. The electricity tariff now has to go up to make more money for the oligarchs that sold our collective heritage to themselves and have been taking money from us for next-to-nothing service delivery.In order to win the supports of the poor masses of Nigeria, the tariff was classified and made to seem like it isn’t going to affect the poor, while the poor will invariably be the worse for it. Most of those on Band A electricity tariff, who are to be paying very exorbitantly for electricity are companies producing most of our consumables and utility items. With the high cost of electricity, the production cost will go high and consequently, the cost of the products.  By the time the effects of the new electricity tariffs take full manifestation, almost everything that can make life meaningful will be beyond the purchasing powers of most Nigerians.
I can not help but to wonder what exactly is left for us to benefit as citizens of this country. Nigeria is rapidly moving towards a capitalist nation, where everything is commercialised and profit at the expense of the citizens is the priority. Medicare and even public education are now being run for profit. The government goes about with the shenanigans of education for all, while it is making education unaffordable to most Nigerians. Even the students’ loan, as badly conceived as it is, is also with interest. Those who have been in power since our democratic dispensation belong to that generation of Nigerians that the nation had been very benevolent to. They were educated for free, got paid salaries as students and given jobs on a platter after graduation. This generation of people got everything from Nigeria and unfortunately have refused to give anything back. They have not only been ungrateful to Nigeria; they have also systematically run the country aground. What a waste of investment Nigeria has made in them! While some countries in this same Africa hardly experience power outage in a year, our own B and A category would at best experience four hours of power outage in a day. These are the ruins they have led our country to in 21st century.
The timing and manner that these anti-welfare policies were introduced are indicative of lack of concern for the citizens of this country. A lot of Nigerians have lost their lives in choking circumstances. Please, let the poor breathe! While trying to rebuild Nigeria, the poor masses should not be made to feel like the eggs in the preparation of omelette. It is very obvious that you do not care about how many eggs are broken, so long as you can have the  hen.

Abdulrasheed   Rabana

Rabana, is a public affairs analyst .

Continue Reading

Trending