Police permit required for Nigerian citizens to assemble freely for a demonstration is unconstitutional – Comrade Iche tells Pres. Tinubu
By Onome Naomi
Comrade Prince Saviour Iche draws attention to the recent development regarding the peaceful protest NANS proposed to commence September 15, 2024 and how it is unconstitutional for Pres.Tinubu’s administration to require that protesters must obtain permit before demonstration in contrast with section 40 of the 1999 Constitution.
Although, the Forum of Zonal Coordinators of the National Association of Nigerian Students has said that the leadership of the Association will rather commence constructive engagement with the Federal Government and Nigerian National Petroleum Company Limited to achieve the reduction of the fuel pump price rather than embark on a demonstration. Warned students across the country against participation in any purported planned protest over the recent increase in fuel price, saying NANS has not called for any protest that hoodlums could hijack.
More also, the Chairman of the Forum, Comrade Bilal Kurfi, sympathized with the student population over the challenges posed by well-intentioned economic policies introduced by President Bola Tinubu’s administration.
In reference to the above, Iche maintains that the Nigeria constitution in corroboration with human rights policy, states that Protesting is a fundamental democratic right that allows citizens to express their grievances and demand change. In Nigeria, this right is explicitly protected by the Constitution, specifically under Section 40 of the 1999 Constitution. This section guarantees every Nigerian citizen the right to assemble freely and associate with others, emphasizing the importance of peaceful assembly.
Iche says, the constitutional basis for protesting in Section 40 of the Nigerian Constitution states:
“Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.”
” This provision underlines that Nigerians do not require prior approval or a permit from the police to organize and participate in peaceful protests. The Constitution’s framers recognized the importance of allowing citizens to freely express their opinions and assemble without undue interference from the state.”
“The right to protest is a cornerstone of democratic engagement and a vital tool for citizens to hold their government accountable. In Nigeria, this right is constitutionally guaranteed, and the landmark case of ‘Inspector General of Police v. All Nigeria Peoples Party (2007)’ has reinforced that no police permit is required for peaceful assemblies.”
” While the practice of notifying the police is aimed at ensuring public safety, it should not be confused with seeking permission. Upholding the constitutional right to protest without undue restrictions is essential for the continued growth of Nigeria’s democracy.”
Iche further noted that:
” The government is trying the patience of Nigerians by setting certain rules to frustrate the people’s right in addressing the odd situation faced leading to untold hardship on the citizens. Our president has no clue or any form of leadership roles and responsibilities neither does he possess empathy on suffering Nigerians.”
” Pump price has gradually and steadily increased over some few months, the agreed N70,000 minimum wage has not been put to effect but the presidential private jet of N100bn has been bought to the detriment of the masses’s survival especially during this critical time.”
” Dangote refinery has commenced operation to roll out fuel but NNPC is busy fixing pump price for Dangote, a very desperate move to further cause hardship on Nigerians.”
” August 1st, some civil society groups and other human rights agitators, gave the government a month ultimatum notifying them about the hardship faced by Nigerians yet the gov’t have blatantly refused to take heed. Tinubu’s administration would rather employ machineries to threaten agitators rather than address the concerns tabled before him.”
” Protesters who had peacefully demonstrated were charged for terrorism, our judiciary system has been compromised by butt lickers, our national security is no longer working in the interest of the citizens. The last protest yielded no result so far, things have become worse hence NANS approach to meet with the president over the unlikely situation plaguing the nation.”
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Lastly Iche warned that Pres. Tinubu’s administration is trying to awaken the sleeping dogs. The intimidation, neglect and harassment must stop, the president should also be ready to face the outburst of frustration and fury from Nigerians if concerning issues aren’t addressed immediately.
Comrade Prince Saviour Iche
Convener AMPEF ( Voice of the voiceless)
