Inspector General of Police V. All Nigeria Peoples Party & Ors (2007)

LawGlobal-Hub Lead Judgment Report

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the Federal High Court Abuja delivered on the 24th of June 2005. The Respondents before this court are twelve political parties registered in Nigeria. They commenced this suit by way of an originating summons dated the 9th of February 2004 as follows:-

(1) Whether the police permit or any authority is required for holding a rally or procession in part of the Federal Republic of Nigeria.

(2) Whether the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria 1990, which prohibit the holding of rallies or processions without a police permit are not illegal and unconstitutional having regard to Section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990.

The plaintiffs/Respondents also claimed as follows:-

(I) A declaration 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 Article 11 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.

(II) A declaration that the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990 which require police permit or any other authority for the holding of rallies or processions in any part of Nigeria is illegal an unconstitutional as they contravene section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.

(III) A declaration that the defendant is not competent under the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990 or under any law whatsoever to issue or grant permit for the holding of rallies or processions in any part of Nigeria.

(IV) An order of perpetual injunction restraining the defendant whether by himself his agents, privies and servants from further preventing the plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.

The germain issues before the trial court over which both parties made vigorous submissions are whether the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, particularly section 1(2), (3), (4), (5) and (6), and sections 2, 3 and 4 are inconsistent with fundamental rights to peaceful assembly and association as guaranteed in sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Article II of the African Charter on Human and People’s Rights, Cap. 10, Laws of the Federation of Nigeria 1990 on the one hand, and whether there is any provision of the Public Order Act which authorizes the Inspector General of Police to grant permit before holding rallies or to disrupt rallies. That the fundamental rights guaranteed by sections 39 and 40 of the Constitution. On the other hand, the African Charter can only be violated during a state of emergency properly declared under section 45 of the 1999 Constitution.

In the considered ruling, the lower court held as follows: –

“In the instant case, I have no difficulty in answering the question raised by the plaintiffs. I answer the first question in the negative, that is to say that no police permit or any authority is required for holding a rally or procession in any part of the Federal Republic of Nigeria. I answer the second question in the affirmative meaning that the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, which prohibit the holding of rallies or processions without police permit are unconstitutional having regard to section 40 of the 1999 Constitution and Article 11 of the African Chatter on Human and People’s rights (Ratification and Enforcement) Acts, Cap. 10, Laws of the Federation of Nigeria, 1990.

I accordingly grant the reliefs claimed by the plaintiffs. I make declaration as follows:-

(i) That the requirement of police permit or other authority for the holding of rallies or procession in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.