Opinion

Police Permit Not Required For Rallies In Nigeria

Published

12 years ago

January 29, 2014

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

Opinion

Monthly Environmental Sanitation Imperative

Published

11 hours ago

May 18, 2026

The Tide

Quote: “A clean environment is not a government gift; it is a civic duty that protects our health, preserves our cities, and reflects our national character.”

For many Nigerians who grew up in the 1980s, 1990s, and early 2000s, the last Saturday of every month followed a familiar pattern. Roads were deserted, markets closed, and residents swept compounds, cleared gutters, cut overgrown weeds, and disposed off refuse. The monthly environmental sanitation exercise became a national ritual that promoted cleanliness, discipline, and civic responsibility. As an environment correspondent about two decades ago, I joined officials of the Rivers State Ministry of Environment on sanitation monitoring tours across Port Harcourt and surrounding communities. Although enforcement officers were sometimes accused of excesses, the exercise succeeded in creating public awareness about the importance of keeping our surroundings clean. Over time, however, the practice faded away in many states.

In its absence, indiscriminate dumping of refuse, blocked drainages and environmental neglect became increasingly common. Today, heaps of waste line roads, markets and motor parks, while gutters clogged with plastics contribute to perennial flooding. Given the mounting environmental challenges facing Nigerian cities, there is no better time to revive environmental sanitation. Its return is no longer a matter of nostalgia; it is a practical necessity for public health, environmental safety, and sustainable development. Poor sanitation remains a major cause of disease. Stagnant water and uncollected waste create breeding grounds for mosquitoes, flies and rodents, increasing the risk of malaria, cholera, typhoid and other infections. Floodwaters contaminated by refuse also expose communities to serious health hazards.

Rapid urbanisation has worsened the situation. Cities such as Lagos, Port Harcourt and Abuja are expanding faster than their waste management systems can cope. As populations grow, so does the volume of waste generated daily. Monthly sanitation exercises can help rebuild environmental consciousness. Beyond cleaning streets, they remind citizens that environmental cleanliness is a shared responsibility. They also offer an opportunity to educate children and young people about hygiene, public health and community participation. Critics argue that the old sanitation policy restricted movement and was sometimes abused by security personnel. Those concerns were valid, but they do not invalidate the concept itself. Rather than abandon it, governments should reform the programme to make it more humane, participatory and transparent.

That is why the recent decision by the Lagos State Government to reintroduce monthly sanitation deserves commendation. Even if participation is largely voluntary, the move sends a strong signal that environmental responsibility must be taken seriously. Other states should emulate this initiative. In Rivers State, the Rivers State Waste Management Agency has intensified efforts to improve waste collection and restore Port Harcourt’s reputation as the Garden City. Reintroducing monthly sanitation would complement these efforts and deepen public involvement. At the federal level, policies such as the Digital Waste Marketplace, the Plastic Waste Policy and the National Waste Management Network are commendable. However, environmental sanitation remains one of the most direct and visible ways to mobilise citizens toward cleaner communities.

The exercise, however, must be supported by efficient waste management infrastructure. Citizens cannot be expected to maintain clean surroundings if there are inadequate waste bins, irregular refuse collection, and limited recycling facilities. Governments at all levels should invest in modern waste management systems, properly fund sanitation agencies, and promote recycling programmes. Waste sorting should become standard practice to reduce the volume of refuse ending up in landfills and drainage channels. Countries such as Singapore, Sweden and South Korea have demonstrated that waste can become a valuable economic resource. Recycling industries in these countries create jobs while protecting the environment. Nigeria can adopt similar strategies and turn waste into wealth.

Environmental laws must also be enforced consistently. Regulations against illegal dumping exist in many states but are rarely implemented. Offenders should face penalties, but enforcement must be fair and free from extortion. Urban planning is another critical factor. Poor drainage systems, overcrowding and inadequate sewage infrastructure worsen sanitation problems. Governments must prioritise road construction, drainage maintenance and orderly urban development. Markets deserve particular attention. They generate enormous quantities of waste every day, yet many lack organised disposal systems. Local councils and market associations should work together to establish effective waste collection arrangements in commercial centres. Religious institutions, schools, traditional rulers and civil society groups also have important roles to play.

Environmental responsibility should be taught and reinforced as a social value. Community leaders can help change attitudes by consistently promoting cleaner habits. This issue is even more urgent in an era of climate change. Flooding, erosion and extreme weather events are already threatening many Nigerian communities. Poor waste disposal worsens these challenges by blocking waterways and reducing urban resilience. A clean environment also offers economic benefits. Well-maintained cities attract investors, tourists and businesses. Reduced disease outbreaks lower healthcare costs and improve productivity among workers and students. More importantly, cleanliness reflects national values. A nation that allows public spaces to deteriorate projects an image of disorder and neglect. Nigerians deserve cleaner streets, healthier neighbourhoods and safer communities.

Reviving environmental sanitation will not solve all environmental problems overnight, but it can serve as a powerful starting point. Combined with effective waste management, public education and stronger infrastructure, it can restore environmental consciousness across the country. Ultimately, environmental cleanliness is a shared responsibility. Government must provide leadership, infrastructure and enforcement, while citizens must demonstrate discipline and civic commitment. From disposing of household waste properly to keeping drains free of obstruction, every Nigerian has a role to play. If Nigeria is serious about protecting public health, reducing flooding and building livable cities, the return of monthly environmental sanitation is a step whose time has come.

By: Calista Ezeaku

Opinion

God’s Intentionality in Ecological System

Published

11 hours ago

May 18, 2026

The Tide

Quote:”Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole”.

From the very first chapter of Scripture, the Bible presents a profound truth: creation was not accidental, random, or without meaning. The universe emerged from the deliberate counsel of an all-wise God who fashioned every aspect of life with purpose and precision. The heavens were stretched out by His command, the earth was carefully positioned, the seas were bounded, and every living creature was assigned a distinct role within a perfectly coordinated ecological system. When God surveyed His completed work, He pronounced it “very good,” affirming that creation was whole, harmonious, and exactly as He intended. The natural world remains a visible testimony to God’s intentionality. The sun provides warmth and energy at the right intensity to sustain life. The moon governs tides and seasons. Trees absorb carbon dioxide and release oxygen.

Rivers irrigate the land and quench thirst. Bees and butterflies pollinate crops. Birds disperse seeds. Animals maintain biodiversity. Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole. Nothing was made without significance, and nothing was left to chance. Among all created beings, humanity occupies a unique and privileged position. Unlike plants and animals, man was created in the image and likeness of God. This divine imprint endowed human beings with intelligence, moral consciousness, creativity, and the capacity for relationship with their maker. It also established mankind as the steward of creation. God granted humanity dominion over the earth, not as a license for reckless exploitation, but as a sacred trust to cultivate, protect, and preserve the world He had declared good.

Dominion, in God’s original intention, was to be exercised with wisdom, compassion, and responsibility. Human beings were meant to care for the land, use natural resources judiciously, and ensure that all forms of life flourished in accordance with divine order. The earth was to be managed as a trust from God, not plundered for selfish gain. Unfortunately, this divine mandate has been grossly misunderstood and widely abused. It is deeply regrettable that man has deviated so drastically from God’s original intention. Instead of stewardship, humanity has too often embraced greed. Instead of preservation, there has been exploitation. Instead of gratitude to the Creator, there has been reckless consumption and abuse of the environment. Across the world, forests are felled indiscriminately, rivers are contaminated, and fertile lands are stripped of their productivity.

Species disappear as habitats are destroyed. Air pollution threatens public health, and climate change disrupts weather patterns and livelihoods. What God created as a life-supporting ecosystem is increasingly treated as a disposable commodity. In Nigeria, the consequences are especially painful. Oil spills in the Niger Delta have devastated farmlands, poisoned rivers, and destroyed fishing communities. Poor waste management clogs drains and contributes to flooding. Erosion eats away homes and roads. Illegal mining and logging scar the landscape. In many cases, communities suffer while those responsible evade justice. At the root of much of this destruction is corruption. Funds earmarked for environmental protection, sanitation, and erosion control are often diverted for personal enrichment. Regulatory agencies are compromised through bribery.

Powerful individuals and corporations place profit above human welfare. Corruption thus becomes not only a moral failure but an assault on God’s creation. This environmental abuse is also a tragic expression of man’s inhumanity to man. When water is polluted, children fall sick. When farmlands are destroyed, farmers lose their means of survival. When rivers are contaminated, fishermen are plunged into poverty. When floods and erosion displace families, communities are torn apart. The burden of environmental degradation falls most heavily on the poor and vulnerable, while future generations inherit a diminished world. Yet, despite humanity’s failures, there remains hope for restoration. God’s purpose for creation has not changed. He still calls His people to responsible stewardship and righteous living. When individuals and nations return to God’s principles, they begin to view the earth not as an object to exploit, but as a sacred trust to preserve.

Responsible stewardship means protecting natural resources, planting trees, reducing pollution, disposing of waste properly, enforcing environmental laws, rejecting corruption, and treating others with justice and compassion. It requires governments to act with integrity, businesses to operate ethically, faith communities to teach creation care, and citizens to take personal responsibility for the environment. Creation care is therefore more than an environmental concern; it is a spiritual obligation. Our treatment of the earth and of one another reflects the sincerity of our reverence for God. To exploit nature, oppress the vulnerable, and enrich ourselves through corruption is to rebel against His purpose. To protect creation and uphold justice is to honor the Creator and participate in His original design. The world God made was declared “very good.” It is our solemn duty to ensure that our actions preserve rather than destroy that goodness.

By: Sylvia ThankGod-Amadi

Opinion

Confronting National Development In Chinese Style

Published

6 days ago

May 13, 2026

The Tide

Quote: “China’s rise was not a miracle. It was the result of deliberate planning, disciplined execution, and a national determination to make poverty reduction the foundation of national development.”

A short TikTok video by @ancientchinaforever recently offered a compelling summary of China’s remarkable transformation from one of the world’s poorest nations to a global economic powerhouse. In just a few minutes, it captured a lesson that developing countries like Nigeria cannot afford to ignore: meaningful development does not happen by chance. It is the product of vision, consistency, and a deliberate commitment to confronting poverty. In 1981, according to the World Bank, nearly 88 percent of China’s population lived in extreme poverty. The country was overwhelmingly rural, industrially weak, and lacking in modern infrastructure. Millions of people had limited access to quality healthcare, education, and basic social services. Yet China refused to accept poverty as its destiny. Its leaders made a strategic decision to treat poverty reduction as the starting point of national development.

Rather than relying on slogans or isolated welfare programmes, they created a coordinated system that mobilised government institutions at every level toward one overriding goal: improving the living conditions of ordinary citizens.

This was the turning point in China’s history. Poverty alleviation became a national mission. Clear targets were established, responsibilities were assigned to provincial and local governments, and officials were evaluated based on measurable results. Data was used to identify poor households, monitor progress, and adjust strategies where necessary.In effect, China built what may be described as a national development machine.The first major reforms focused on agriculture. Through the household responsibility system, farmers were given greater control over their land and allowed to sell surplus produce after meeting government quotas.

This policy created incentives for productivity and innovation. The results were dramatic. Agricultural output rose significantly, rural incomes increased, and millions were lifted out of poverty.With food security improving, China turned to industrialisation. The government established Special Economic Zones, most notably in Shenzhen, to attract foreign investment and promote export-driven manufacturing. What was once a small fishing community quickly transformed into one of the world’s leading industrial and technology hubs. Factories created millions of jobs, drawing workers from rural areas into expanding urban centres. China soon became the manufacturing capital of the world, producing electronics, textiles, machinery, and consumer goods for global markets.The revenue generated from industrial growth was reinvested in infrastructure and human development.

China understood that development requires more than factories. It demands modern infrastructure that connects people, goods, and markets. Massive investments were made in roads, railways, airports, seaports, electricity, and telecommunications.

Today, China’s high-speed rail system, modern cities, and efficient logistics networks stand as visible proof of decades of purposeful investment. Equally important was China’s commitment to education and healthcare.Schools were expanded, literacy improved, and vocational training equipped workers with the skills needed in a modern economy. Healthcare reforms reduced preventable diseases and protected families from being pushed deeper into poverty by medical costs.These investments ensured that economic growth translated into tangible improvements in living standards.

Another defining feature of China’s development model was policy continuity. Through successive Five-Year Plans, national priorities were clearly outlined and pursued over decades. While leaders changed, the core development agenda remained consistent. This stability encouraged investment, strengthened institutions, and allowed long-term projects to be completed. Unlike countries where each administration abandons the policies of its predecessor, China sustained a clear sense of direction.The results have been extraordinary. According to the World Bank, China has lifted more than 800 million people out of extreme poverty—the largest poverty reduction effort in human history. A broad middle class has emerged, and the country has become the world’s second-largest economy. Chinese companies such as Huawei Technologies and Alibaba Group now compete at the forefront of global innovation.

China’s journey has not been without challenges. Rapid industrialisation has contributed to environmental degradation, regional disparities, and demographic pressures. However, these challenges do not diminish the scale of its achievement. They underscore the complexity of transforming a nation of over one billion people. For Nigeria, China’s experience offers valuable lessons. First, poverty reduction must be treated as a strategic national priority rather than a campaign promise. Second, development requires long-term planning and policy continuity. Third, sustained investment in agriculture, infrastructure, education, and healthcare is essential. Fourth, institutions must be strengthened to ensure accountability and measurable outcomes. Finally, leadership must combine vision with disciplined execution. Nigeria is richly endowed with natural resources, entrepreneurial talent, and a youthful population.

What remains missing is a coherent and consistent development strategy that places national interest above politics. China’s transformation demonstrates that development is not a matter of luck. It is the outcome of clear priorities, effective institutions, and unwavering commitment. For countries still grappling with poverty and underdevelopment, China stands as compelling proof that when a nation confronts its challenges with strategic intent and collective discipline, extraordinary progress is possible.

Sylvia ThankGod-Amadi