Brave Dickson
The recent directive by the Rivers State Commissioner of Police, Zaki Ahmed ahead of the 2019 general elections has continued to ignite mix feelings by some political observers in the state.
The state police boss at a briefing with newsmen in Port Harcourt directed organizers of planned political rallies to put the command on notice before such rallies will hold.
Some said the police, may by this directive, intentionally disrupt political rallies of opposition parties to the advantage of the ruling party.
This they said was quite obvious in the reign of Mr Joseph Mbu as the then state police boss.
In 2014, the political rallies of a political group called the “Save Rivers Movement” was disrupted by the police which led to the hospitalization of Senator Magnus Abe.
While Mr Mbu was justifying the brutal action of the police on the ground that the political group did not secure permit from the police command before embarking on the rally, others viewed the action of the police as illegal and non-constitutional.
It could be recalled that under the Public Order Act (Cap P42) Laws of the Federation of Nigeria, 2004, the power to regulate public meetings, processions and rallies in any part of Nigeria was exclusively vested in the governors of the respective states of the Federation.
Thus, by virtue of section 1 of the Act, the Commissioner of Police or any other police officer cannot not issue a licence or permit for any meeting or rally without the authority of the governor.
In the case of All Nigeria Peoples Party & Ors. v. Inspector General of Police (2006) CHR 181, the Plaintiffs being registered political parties requested the Defendant, the Inspector-General by a letter dated 21st May, 2004 to issue Police Permits to their members to hold unity rallies throughout the country to protest the rigging of the 2003 elections.
The request was refused. There was a violent disruption of the rally organized in Kano on the 22nd of September 2003 on the ground that no police permit was obtained.
After declaring the provisions of the Public Order Act which required police permit for public meetings and rallies illegal and unconstitutional, the Federal High Court proceeded to grant the following reliefs:
“1. 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 Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.
2. 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 and unconstitutional as they contravene section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.
3. 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 whatever to issue or grant permit for the holding of rallies or processions in any part of Nigeria.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant (the Inspector-General of Police) 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.”
As the 2019 general elections draw nearer, observers are watching to see if the directive of CP Ahmed will undermine the validity of the above extant laws and judgment or not.
