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Before we get into this week’s newsletter, we want to appreciate you for taking part in last week’s quiz. We had an overwhelming number of responses and we were glad to see many of you score above average. Degree or not, those fantastic results have earned you the title, “De Lawww!”
If you’re yet to take the quiz, you can do so by clicking here. We challenge you to test your knowledge about the tiers of government in Nigeria. Also endeavour to share your score with us via social media.
Now, to this week’s topic…
Protest has been in the news for quite a while now and we at Barristers.NG, thought it fit to discuss how a peaceful protest is conducted.
At an international law level, the right of peaceful assembly (including the right to peaceful protest) is protected under Article 21 of the 1966 International Covenant on Civil and Political Rights and at a regional level, under Article 11 of the African Charter on Human and Peoples’ Rights.
To start with, this might come as a surprise to many people but the right to protest is actually a fundamental human right of every Nigerian citizen. A fundamental human right simply refers to privileges that the constitution entitles every Nigerian citizen to. All fundamental rights are contained under Chapter IV of the 1999 Nigerian Constitution. Some of which include; the right to life, right to fair hearing, etc. You can read more about fundamental rights in this article that we wrote.
The Constitution provides for the right of citizens to peaceful assembly under Section 40 and many times, the right to peaceful assembly is construed to mean protest.Think of the right to peaceful assembly in its literal sense, which is really the right of Nigerians to gather for a common purpose, usually to communicate a message. And so, an example of a peaceful assembly could be a rally for religious purposes, for a social cause or a political cause.
It should be noted however that the right to protest is not absolute. Exercising the right to protest, could infringe upon the rights of other people, especially in the case of protests in public places.
Right to protest
When the subject of protest is discussed, some people immediately assume that it must be a movement that opposes the government, however legally and technically speaking, that is not the case (even though many times, it is often the case). A protest/rally can be held for various reasons, some of which could even include causes that support the government.
However, it is important to note that with the right to assemble, comes the responsibility to keep the assembly peaceful. A rally, protest or any such assembly cannot be seen to threaten the peace and security of other members of the society, otherwise it may tilt towards a criminal activity and the Police may step in and have the organisers and participants arrested.
Hence, the right of protesters to peacefully protest does not extend beyond taking the streets to communicate a message. Anything that presupposes violence or unrest may no longer be deemed as an exercise of the right to a peaceful assembly.
Police Involvement in Peaceful Protest
That being said, do you need the consent of the Police to conduct a protest?
Section 1(3) of the Public Order Act makes it mandatory for individuals or groups to apply for and obtain a police permit or approval to hold rallies and peaceful assemblies. The police have strictly followed the provisions of this section, and have at various times in the past justified breaking up protests/rallies arguing they were unauthorized, as the conveners had not obtained a police permit.
However, in All Nigeria Peoples Party and Others v Inspector General of Police, the court held that the requirement of police permit or other authority for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
That being said, it is good practice to notify the police about an impending rally – not for approval.
