Human rights lawyer, Mr. Femi Falana (SAN), has asked the Nigeria Police Force to apologise for violating the fundamental right of protesters to freedom of expression.
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As Nigeria celebrated Democracy Day on Saturday, protesters stormed major cities nationwide to demand better governance and improved living conditions for citizens.
But the police fired tear gas at some of those protesting in Lagos, Abuja and Cross River State while others were arrested and later released.
Falana said in a statement yesterday that peaceful protests are fundamental rights of Nigerians as provided for in the 1999 constitution.
He, however, noted that the constitution was violated by the police who “banned rallies and protests throughout the country on June 12, 2021”.
He said: “For having the audacity to insist on their fundamental right to protest against unpopular policies of governments, teams of armed police personnel fired teargas to disperse the peaceful rallies. As if the unprovoked attack was not enough the Police brutalised and arrested scores of protesters in Lagos, Abuja and Calabar.
“Since the protesters who were arrested during the peaceful rallies did not commit any offence, they have since regained their liberty. But the Police Authorities ought to apologise for violating the fundamental right of the protesters to freedom of expression.
“More so that the police had deliberately contravened Section 83 (4) of the Police Establishment Act 2020 which provides that ‘Where a person or organization notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilize personnel to provide security cover for the meeting, rally or the procession.”
Section 94 (4) of the Electoral Act 2010 (as amended) provides:
“Notwithstanding any provision in the Police Act, the Public Order Act and any regulation made thereunder or any other law to the contrary, the role of the Nigeria Police Force in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection (1) of this section.”
The senior lawyer commended the protesters for “conducting themselves in a peaceful manner” and condemned “the official lie that the protesters were teargassed to prevent hoodlums and miscreants from hijacking the peaceful rallies.”
“Why were the scanty pro-government protesters who were reported to have fought openly in Abuja over their booty not arrested for breach of the peace in the Federal Capital Territory?” he asked.
“The lessons of the unfortunate event of yesterday should be learnt by all sides of the debate on human freedom. The nation should henceforth be spared the periodic assaults on the civic space.”
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