Police Permit not Required for Protests/Rallies - Falana

Police Permit not Required for Rallies - Falana

Against the backdrop of consistent police disruption of public protests, Lagos- based constitutional lawyer and human rights activist, Mr. Femi Falana has restated the fact that no police permit is required for the conduct of public protests by the citizenry, but the governor’s permit.

Falana in a press statement titled ‘Police Permit Not Required For Rallies in Nigeria’ yesterday bemoaned the rising spate of police interference with public protests aimed at driving home the grievances of Nigerians.

He cited the Public Order Act (Cap P42) laws of the federation of Nigeria, 2004, which regulates public meetings, processions and rallies in any part of Nigeria. In it, he asserted that the exclusive power to approve public procession is vested in the governors of the respective states of the federation, and not the police chiefs.

“By the 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 rally or cancel any such public meeting or rally without the authority of the governor of a state.”

He drew inference from the case between the All Nigeria Peoples Party (ANPP) & Ors. v. Inspector General of Police (2006) CHR 181 where the party requested the Inspector-General, by a letter dated 21st May, 2004 to issue police permits to their members to hold unity rallies throughout the country to protest the alleged rigging of the 2003 elections. But the request was refused. It resulted in a violent disruption of the rally in Kano on the 22nd of September 2003 on the ground that no police permit was obtained.

Falana therefore noted among several other similar cases the January 2012 mass protests against fuel subsidy that were violently disrupted by the police and the army personnel. He also recalled the another case involving the Academic Staff Union of Universities (ASUU) whose industrial action was in the form of protest to draw public attention to the problems of under funding of public universities in Nigeria, and when the police dispersed the protesting academicians with tear gas.

He said he was disdained that a fortnight ago, “a political rally in Port Harcourt, Rivers State was brutally suppressed by the police.” He said it was wrong for the Police Commissioner to disperse the protesters.

He noted: “in justifying the violent attack, Mbu, claimed that the rally was unauthorised because the conveners did not obtain police permit;” asking that since “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”

He said in the suit that followed at the Federal High Court against the Inspector-General of Police, where the ANPP challenged the constitutional validity of police permit under the Public Order Act and the violent disruption of its rally, where the police defended its action on the grounds that the ANPP did not obtain a police permit. The court eventually dismissed the argument of police’s argument. In dismissing the position of the police, the judge ruled that:

“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 procession 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 or collecting 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.

He insisted that going 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.

Falana buttressed his argument further that the issues is sealed. He underscored that as order of perpetual injunction was granted to restrain the police from further preventing the party or any other aggrieved citizens of Nigeria from organising or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.

He said he was 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 authorise the issuance of permit for holding public meetings and rallies in their states Justice Olufunmilayo Adekeye (as was then known said:

“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.”

He maintained that the right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess and which they should exercise without impediment as long as no wrongful act is done.

-Thisday (24 Jan 2014)