A senior Nigerian lawyer, Mr. Jiti Ogunye, has cast doubt on the legal basis of the Kogi State government’s ban on public gatherings, asserting that Senator Natasha Akpoti-Uduaghan’s homecoming event at her private residence did not clearly violate any law. He challenged the state’s claim of a breach amid an ongoing political standoff.

During an interview on Politics Today on Channels Television, Mr. Jiti Ogunye, a respected lawyer, analyzed the controversy surrounding Senator Akpoti-Uduaghan’s homecoming rally in Kogi Central, which was held despite a state government ban on rallies and processions.

He emphasized Nigeria’s constitutional framework, citing Sections 39, 40, and 41 of the 1999 Constitution, which guarantee freedom of expression, peaceful assembly, and movement, respectively. “These are inalienable rights,” he stated, stressing their supremacy over any conflicting laws under Section 1(3) of the Constitution.

Ogunye referenced the 2007 Court of Appeal decision in IGP v. ANPP, where provisions of the Public Order Act restricting rallies were struck down as unconstitutional. “The court ruled that police must protect, not obstruct, citizens exercising these rights,” he explained, citing Section 83(4) of the Police Act, which mandates security provision for public events.

He argued that the Kogi State government’s directive—banning rallies based on intelligence reports—lacks the force of law unless backed by a specific statute or emergency powers.

Challenging the state’s position, Ogunye responded to the argument presented by the Commissioner for Information, Kingsley Fanwo, that the senator had breached security protocols. “An instruction is not a provision of the law,” he said, countering Fanwo’s claim that Akpoti-Uduaghan violated a gubernatorial directive.

He further noted that the event took place in her private compound, with her arriving by helicopter rather than by road, questioning how this could constitute a violation of bans on processions or public gatherings. “A rally is a rally, but if it’s in her home, does it amount to a public gathering?” he asked, suggesting that the state’s definition might not hold up legally.

While acknowledging that Section 45 of the Constitution allows for the restriction of rights in the interest of public safety—if “reasonably justifiable in a democratic society”—Ogunye cautioned against overuse of such powers without solid justification.

“The government shouldn’t be too eager to constrain these rights without lawful and compelling reasons,” he remarked, hinting that political motives could be at play, given Akpoti-Uduaghan’s recent suspension from the Senate and the ongoing recall efforts by constituents.

Regarding potential legal consequences, Ogunye remained skeptical. “The event took place by air, not by road. If the state claims she violated a law, I’d be interested to see which law and how they intend to enforce it,” he stated. He contrasted this with emergency situations, such as riots, where curfews might justify restrictions but found no such breakdown of public order in Kogi to warrant the directive.

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