Femi Falana, a well-known lawyer and activist, has urged President Muhammadu Buhari to follow through on his oath of office by ordering the police not to disturb forthcoming #EndSARS protests.
This was said in a statement made on Thursday by lawyer and activist Femi Falana, titled “Nigeria Police Force Lacks Power to Ban Public Protests in Nigeria.”
Before the one-year anniversary of last year’s protests, Lagos State Commissioner of Police, Hakeem Odumosu, declared that the police would not allow anyone to hold another #EndSARS protest.
Meanwhile, Falana said Buhari who himself took part in protests while he was running for office, should call on the police to respect the rights of citizens.
He added, “It is public knowledge that General Muhammadu Buhari (as he then was) and other leaders of the ruling All Progressive Congress took part in public rallies against fuel hike in January 2012 and protests against insecurity in November 2014.
“To that extent, the Buhari administration ought to restrain the Police from banning peaceful rallies against police brutality on October 20, 2021 in any manner whatsoever and however.”
Falana noted that the law guarantees Nigerians the right to hold public meetings, rallies and processions in the country.
“The threats against peaceful rallies oozing out of the police headquarters and state commands are illegal as they constitute a gross infringement of the fundamental rights of the Nigerian people to freedom of expression and freedom of assembly guaranteed by Sections 38 and 40 of the Nigerian Constitution as well as Articles 9 and 10 of the African Charter on Human and Peoples Rights Act,” the activist added.
He observed that in the 2006 case of All Nigeria People’s Party v Inspector-General of Police, Justice Anwuli Chikere ruled that requiring a police licence to organize a rally in Nigeria was illegal and unconstitutional.
As a result, the judge issued a permanent injunction prohibiting the Inspector-General of Police and other police personnel from stopping Nigerian citizens from holding rallies and participating in them.
“The appeal of the police against the judgment was dismissed by the Court of Appeal in December 2007. In the unanimous decision of the court, their lordships described police permit as ‘a relic of colonialism’ which is anomalous in a democratic society,” Falana said.
In March 2015, the National Assembly revised the Electoral Act 2010 to impose an obligation on the police to provide security for participants in public meetings and rallies, based on the landmark judgment of the Court of Appeal.
“For the avoidance of doubt, 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 advocate said.
According to Section 83 (4) of the Police Establishment Act 2020, if a person or organization notifies the police of his or her intention to hold a public meeting, rally, or procession on a public highway or in a public place, the police officer responsible for the area where the meeting, rally, or procession will take place must mobilize personnel to provide security cover for the meeting, rally, or procession.
“In view of the fact that the police authorities have been notified of the public rallies scheduled to hold on October 20, 2020 to mark the first year anniversary of the #EndSARS protests, the Nigeria Police Force is required to make arrangements for the provision of adequate security for the participants at the venues of the rallies,” Falana said.
He urged the Inspector-General of Police, Mr. Usman Alkali, to advise the Commissioners of Police in all of the Federation’s states to guarantee that adequate protection is provided for those individuals who choose to demonstrate against government policies that they believe are harmful to their interests.
