Peaceful assembly, rally, protest: Indispensable tools of engagement

The confrontation that ensued between the Shi’ite Movement and the Nigerian Army some weeks back has left in its wake reactions, upbraiding and total condemnations, depending on which side each the commentators belonged or belongs.

I have chosen to use the word ‘belong’ in its past and present form to draw home a point. The point is, some comments were made on the spur of the moment and many commentators have had to review their positions in the light of the facts that emerged after the unfortunate incident and the benefit of enlightenment Nigerians have received from informed comments.

In the South East of Nigeria, rallies and protests have become means of expression of support for Mr. Kanu, who has been having a brush with the law on his activities on the resuscitation of agitations for Biafra. Reports have it that some of the rallies have led to confrontation between the protesters and security agencies, the aftermaths of which are usually unpleasant.

Some supporters of the PDP Publicity Secretary, Olisa Metuh, protested against his continued detention in EFCC custody without being formally arraigned in the Court. Luckily, he was arraigned last week. A trigger-happy police officer who killed a protester during the mass protests against fuel subsidy in Yaba area of Lagos during the last regime got convicted some weeks back.

The above allusions to recent happenings in our dear country are meant to illustrate the various uses to which rallies and protests can be made. Our ultimate intention in this piece is to discuss assembly, rally and protest and their legal implications, in a fledgling democracy as ours.

The right to peaceful assembly, rally and protest is constitutional fundamental right guaranteed under Section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended and under various international legal instruments, for example Article 11 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act) It is equally a fundamental right of the people to express their minds in favour or against public policies of Government.

It does not matter whether the reason for gathering together of people for rallies and protests accords or does not accord with the mood of the majority of the people.What matters is to ensure that people are allowed to assemble with a view to staging a rally or protest against whatever they perceive as being unfavourable to them or some other persons.

However, assembly, rally or protest must be peaceful and must not infringe on the rights of others. This where the problem lies i.e how to keep assembly, rally and protest peaceful. Watching on social media how the Chief of Army Staff was practically begging the Shi’ite Movement members to please allow him and his men and officers to pass, I became confused and could not really comment on the propriety or otherwise of all that happened afterwards.

The security agencies have a duty to protect people who gather to stay peaceful protests and rallies even if such are against government policies or actions. Their presence is not to intimidate protesters but to protect them and ensure that the rallies or protests do not generate into lawlessness.

One legal issue that usually spring up whenever the issue of rally or protest is discussed is whether in this age and time the Public Order Act which requires any group desirous of staging a rally or protest to obtain permit from the Police before they can stage such. Ideally,if the request for permit is aimed solely at securing Police presence in protecting the people, probably no eye brow would have been raised against the provisions of that law.However, since the wordings of the particular give the impression that any rally or protest in respect of which no permit is obtained, is illegal, the law is null and void since its provisions is in direct conflict with Section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

In INSPECTOR GENERAL OF POLICE V ANPP & OTHERS (2007)18 NWLR (PART 1066) 457, the Court of Appeal, Abuja Division did not miss the golden opportunity of affirming the decision of the Federal High Court which declared the Public Order Act was unconstitutional. The Respondents in the case were political parties who planned to hold rallies across Nigeria.They sought permit from the Police which was refused. This was what led to the institution of the suit.

Finally, the point must be made that peaceful assembly, rally and protest are veritable tool of engagement in civilized societies. Citizens’ rights to peaceful assembly, rally and protest must not be suppressed under whatever guise. In the same vein, the citizens have a corresponding duty to ensure that they do not engage in acts of lawlessness or infringe on the rights of others.