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Police Permit Not Required For Rallies In Nigeria

Published

12 years ago

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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

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Opinion

Empowering Youth  Through Agriculture 

Published

7 days ago

on

February 2, 2026

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Quote:”While job seeking youths should  continuously acquire skills and explore opportunities within their immediate environment as well as in the global space through the use of digital platforms, government, corporate/ multinational organizations or the organised private sector should generate skills and provide the enabling environment for skills acquisition, through adequate funding and resettlement packages that will provide sustainable economic life for beneficiaries”.
The Governor of Rivers State, Sir Siminalayi Fubara, recently urged youths in the Rivers State to take advantage of the vast opportunities available to become employers of labour and contribute meaningfully to the growth and development of the State. Governor Fubara noted that global trends increasingly favour entrepreneurship and innovation, and said that youths in Rivers State must not be left behind in harnessing these opportunities. The Governor, represented by the Secretary to the State Government, Dr Benibo Anabraba, made this known while declaring open the 2026 Job Fair organised by the Rivers State Government in partnership with the Nigeria Employers’ Consultative Association (NECA) in Port Harcourt. The Governor acknowledged the responsibility of government to create jobs for its teeming youth population but noted that it is unrealistic to absorb all job seekers into the civil service.
“As a government, we recognise our duty to provide employment opportunities for our teeming youths. However, we also understand that not all youths can be accommodated within the civil service. This underscores the need to encourage entrepreneurship across diverse sectors and to partner with other stakeholders, including the youths themselves, so they can transition from being job seekers to employers of labour,” he said. It is necessary to State that Governor Fubara has not only stated the obvious but was committed to drive youth entrepreneurship towards their self-reliance and the economic development of the State  It is not news that developed economies of the world are skilled driven economies. The private sector also remains the highest employer of labour in private sector driven or capitalist economy though it is also the responsibility of government to create job opportunities for the teeming unemployed youth population in Nigeria which has  the highest youth unemployed population in the subSahara Africa.
The lack of job opportunities, caused partly by the Federal Government’s apathy to job creation, the lack of adequate supervision of job opportunities economic programmes, lack of employable skills by many youths in the country have conspired to heighten the attendant challenges of unemployment. The challenges which include, “Japa” syndrome (travelling abroad for greener pastures), that characterises the labour market and poses threat to the nation’s critical sector, especially the health and medical sector; astronomical increase in the crime rate and a loss of interest in education. While job seeking youths should  continuously acquire skills and explore opportunities within their immediate environment as well as in the global space through the use of digital platforms, government, corporate/ multinational organizations or the organised private sector should generate skills and provide the enabling environment for skills acquisition, through adequate funding and resettlement packages that will provide sustainable economic life for beneficiaries.
While commending the Rivers State Government led by the People First Governor, Sir Siminilayi Fubara for initiating “various training and capacity-building programmes in areas such as ICT and artificial intelligence, oil and gas, maritime, and the blue economy, among others”, it is note-worthy that the labour market is dynamic and shaped by industry-specific demands, technological advancements, management practices and other emerging factors. So another sector the Federal, State and Local Governments should encourage youths to explore and harness the abounding potentials, in my considered view, is Agriculture. Agriculture remains a veritable solution to hunger, inflation, and food Insecurity that ravages the country. No doubt, the Nigeria’s arable landmass is grossly under-utilised and under-exploited.
In recent times, Nigerians have voiced their concerns about the persistent challenges of hunger, inflation, and the general increase in prices of goods and commodities. These issues not only affect the livelihoods of individuals and families but also pose significant threats to food security and economic stability in the country.  The United Nations estimated that more than 25 million people in Nigeria could face food insecurity this year—a 47% increase from the 17 million people already at risk of going hungry, mainly due to ongoing insecurity, protracted conflicts, and rising food prices. An estimated two million children under five are likely to be pushed into acute malnutrition. (Reliefweb ,2023). In response, Nigeria declared a state of emergency on food insecurity, recognizing the urgent need to tackle food shortages, stabilize rising prices, and protect farmers facing violence from armed groups. However, without addressing the insecurity challenges, farmers will continue to struggle to feed their families and boost food production.
In addition, parts of northwest and northeast Nigeria have experienced changes in rainfall patterns making less water available for crop production. These climate change events have resulted in droughts and land degradations; presenting challenges for local communities and leading to significant impact on food security. In light of these daunting challenges, it is imperative to address the intricate interplay between insecurity and agricultural productivity.  Nigeria can work toward ensuring food security, reducing poverty, and fostering sustainable economic growth in its vital agricultural sector. In this article, I suggest solutions that could enhance agricultural production and ensure that every state scales its agricultural production to a level where it can cater to 60% of the population.
This is feasible and achievable if government at all levels are intentional driving the development of the agricultural sector which was the major economic mainstay of the Country before the crude oil was struck in commercial quantity and consequently became the nation’s monolithic revenue source. Government should revive the moribund Graduate Farmers Scheme and the Rivers State School-to-Land agricultural programmes to operate concurrently with other skills acquisition and development programmes. There should be a consideration for investment in mechanized farming and arable land allocation. State and local governments should play a pivotal role in promoting mechanized farming and providing arable land for farming in communities. Additionally, allocating arable land enables small holder farmers to expand their operations and contribute to food security at the grassroots level.
 Nigeria can unlock the potential of its agricultural sector to address the pressing needs of its population and achieve sustainable development. Policymakers and stakeholders must heed Akande’s recommendations and take decisive action to ensure a food-secure future for all Nigerians.
By: Igbiki Benibo
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Opinion

Of Protests And Need For Dialogue 

Published

7 days ago

on

February 2, 2026

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Quote:“.Across Abuja, Anambra, and Lagos, a common thread emerges: a disconnect between authority and empathy. Government actions may follow policy logic, but citizens respond from lived experience, fear, and frustration. When these realities collide without dialogue, the streets become the arena of engagement”
It was a turbulent week in the country, highlighting the widening gap between government intentions and public perception. From Abuja to Anambra and Lagos, citizens poured into the streets not just over specific grievances but in frustration with governance that often appears heavy-handed, confrontational, or insufficiently humane. While authorities may genuinely act in the public interest, their methods sometimes aggravate tensions rather than resolve them.
In Abuja, the strike by workers of the Federal Capital Territory Administration (FCTA) and the Federal Capital Development Authority (FCDA) under the Joint Union Action Committee (JUAC) brought the capital to a near standstill. Their demands included five months’ unpaid wages, hazard and rural allowances, promotion arrears, welfare packages, pension and National Housing Fund remittances, and training and career progression concerns. These are core labour issues that directly affect workers’ dignity and livelihoods. Efforts to dialogue with the FCT Minister reportedly failed. Even after a court ordered the strike to end, workers persisted, underscoring the depth of discontent. Threats and sanctions only hardened positions.
The FCT crisis shows that industrial peace cannot be enforced through coercion. Dialogue is not weakness; it is recognition that governance is about people. Meeting labour leaders, listening attentively, clarifying grey areas, and agreeing on timelines could restore trust. Honesty and negotiation are far more effective than threats.
In Anambra, protests by Onitsha Main Market traders followed the government’s closure of the market over continued observance of a Monday sit-at-home, linked to separatist agitation. Governor Chukwuma Soludo described compliance as economic sabotage, insisting Anambra cannot operate as a “four-day-a-week economy.” While the governor’s concern is understandable, threats to revoke ownership, seize, or demolish the market risk escalating tensions. Many traders comply out of fear, not ideology. Markets are social ecosystems of families, apprentices, and informal networks; heavy-handed enforcement may worsen resistance. A better approach combines persuasion, dialogue with market leaders, credible security assurances, and gradual confidence-building. Coordinated political engagement with federal authorities could also reduce regional tensions.
In Lagos, protests erupted over demolition of homes in low-income waterfront communities such as Makoko, Owode Onirin, and Oworonshoki. The state defended these actions as necessary for safety, environmental protection, and urban renewal. While objectives are legitimate, demolitions drew criticism for lack of notice, compensation, and humane resettlement. Urban development without regard for human consequences risks appearing elitist and anti-poor. Where demolitions are unavoidable, transparent engagement, fair compensation, and realistic relocation must precede action to maintain public trust and social stability.
Across Abuja, Anambra, and Lagos, a common thread emerges: a disconnect between authority and empathy. Government actions may follow policy logic, but citizens respond from lived experience, fear, and frustration. When these realities collide without dialogue, the streets become the arena of engagement.
Democracy cannot thrive on decrees, threats, or bulldozers alone. Leaders must listen as much as they command, persuade as much as they enforce. Minister Wike should see labour leaders as partners, Governor Soludo must balance firmness with sensitivity, and Lagos authorities should align urban renewal with compassion and justice. Protests are signals of communication failure. Dialogue, caution, and a human face in governance are not optional—they are necessities. Police and security agencies must respect peaceful protest as a constitutional right.
By:  Calista Ezeaku
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Opinion

Tackling Noise Pollution in Nigeria

Published

2 weeks ago

on

January 28, 2026

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Quote:”Noise pollution is not merely an inconvenience; it is a silent threat to health, dignity, and the right of every Nigerian to live in peace. Worship should uplift the soul, not assault the ears.”
The viral video of former Abia State Commissioner for Local Government and Chieftaincy Affairs, Mr. Charles Ogbonna, chasing worshippers out of a worship center in Ibeku, Umuahia, with a cutlass sparked widespread outrage—and understandably so. No citizen, regardless of provocation, has the right to threaten others with a weapon. Such behavior is unacceptable in a civilized society and must be condemned. Yet outrage alone does not capture the full picture. Reports indicate that Mr. Ogbonna acted after enduring prolonged and excessive noise from the Umuobasi Town Hall, allegedly used for religious activities, which made life unbearable for residents. A resident, Chinedu, told journalists that the former commissioner stormed the hall around 1 a.m., after hours of blaring noise deprived people of sleep. While self-help was the wrong approach—he should have reported the matter to authorities—this incident highlights a deeper problem:
 Nigeria’s culture of unchecked noise pollution and the failure of authorities to protect citizens’ right to peace, rest, and a healthy environment. When legitimate complaints are ignored, frustration builds—sometimes with dangerous consequences. Noise pollution in Nigeria is pervasive. Worship centers, commercial activities, motor parks, roadside traders, and private generators create an environment of relentless noise. So normalized is this that many Nigerians feel powerless to act. This culture of indifference—trampling on the right to quiet in the name of worship, celebration, or business—must end. Noise is not a minor inconvenience. It is a serious environmental and public health hazard. Medical experts warn that prolonged exposure to excessive noise can cause hearing loss, hypertension, cardiovascular disease, sleep disorders, anxiety, and other psychological conditions
. The British Medical Bulletin notes that constant noise triggers stress responses that may lead to illness. Sleep deprivation—a common consequence—reduces productivity, undermines emotional stability, and worsens overall wellbeing. In a country already struggling with health challenges, noise pollution quietly compounds the problem. So what are Nigerian authorities doing? The truth is: the laws exist but enforcement is weak. Section 22 of the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, 2007 empowers NESREA to regulate noise from industrial, commercial, domestic, recreational, and transport sources. Violations can attract fines or imprisonment. Likewise, the National Environmental (Noise Standards and Control) Regulations, 2009 clearly define permissible noise levels across residential, commercial, and industrial zones.
The problem is not the absence of laws—it is the absence of will. Many citizens are unaware of their rights or where to report violations. Regulatory agencies are often underfunded, poorly equipped, and hesitant to act, particularly when influential religious or commercial interests are involved. The Umuahia incident is a textbook example of institutional failure: when lawful channels fail repeatedly, some individuals take the law into their own hands. Enforcement must be firm, consistent, and impartial. Environmental agencies need funding, modern noise-monitoring equipment, and trained personnel capable of responding swiftly. Laws must apply to all—churches, mosques, clubs, hotels, and individuals alike. There have been rare instances of decisive action. A decade ago, the Lagos State Government sealed 53 churches, mosques, and hotels for noise violations, following complaints from residents.
In October 2025, Lagos again sealed several establishments over excessive noise. Yet, such crackdowns are often temporary. Churches and mosques continue to dominate neighborhoods with blaring loudspeakers, making sleep a luxury during week-long vigils or pre-dawn sermons. For the elderly, the sick, and those who work long hours, this is more than an annoyance—it is harmful. Compared to many developed countries, Nigeria’s situation is embarrassing. Elsewhere, worship is associated with calm, reflection, and serenity. Noise levels are strictly regulated, and places of worship are often soundproofed. The question arises: is God in Nigeria hard of hearing, or has shouting simply become the default mode of expression?The rapid proliferation of worship centers has worsened the problem. Many spring up indiscriminately in high-density areas, markets, and private compounds, with little regard for zoning laws or environmental standards.
 This neglect undermines productivity, social harmony, and quality of life. Noise pollution is a silent threat, eroding health and dignity in ways that often go unnoticed. Decisive action is urgently needed. Agencies must be strengthened, insulated from political and religious pressure, and empowered to enforce laws consistently. Offenders must face consequences regardless of influence. Public enlightenment is equally crucial: many Nigerians are unaware that excessive noise is harmful or that they have a legal right to quiet enjoyment of their environment. Sustained education through media, schools, and community forums can shift attitudes. Religious leaders, in particular, must understand that consideration for neighbors is not an attack on faith but a moral responsibility. Soundproofing standards for worship centers and entertainment venues should be adopted nationwide.
Worship should uplift the soul, not assault the ears. Freedom of religion and expression must coexist with responsibility and respect for others. Noise is an inevitable part of urban life, but chaos is not. Nigeria cannot continue as a society where “anything goes.” Psychologists argue that education, stricter enforcement, and changes in personal habits can make a significant difference. If citizens are empowered to demand accountability and authorities act decisively, Nigeria can become a healthier, more livable society.
The Umuahia incident should serve as a wake-up call—not just about individual misconduct but about systemic failure. Protecting citizens from noise pollution is not merely about silence; it is about dignity, health, and the right to live in peace.
By: Calista Ezeaku
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