TheCable

Femi Falana, human rights lawyer, says the duty of the police is to protect protesters.

The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) had declared a nationwide strike and protest over the hike in the pump price of petrol and review of electricity tariff.

In a statement on Sunday, the lawyer asked the inspector-general of police to provide adequate security for the protesters.

“In exercise of their fundamental rights of freedom of expression and assembly guaranteed by sections 39 and 40 of the Nigerian Constitution the members of the Alliance on Surviving COVID 19 and Beyond (ASCAB) and other concerned citizens have resolved to participate in the public protests scheduled to take place throughout Nigeria with effect from September 28, 2020. The peaceful protests will be conducted within the ambit of the COVID-19 Regulations,” the statement read.

“However, we are compelled to call on the Inspector-General of Police, Commissioners of Police in all the States of the Federation and the Federal Capital Territory to provide adequate security for the protesters. This call is anchored on the case of All Nigeria People Party & Ors (2006) CHR 181 wherein the Federal High Court struck down the provisions of the Public Order Act which required permit for public meetings and rallies.

“Consequently, the Court proceeded to grant 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.

“In view of the clear and unambiguous provision of section 94 (4) of the Electoral Amendment Act 2015 we urge the Inspector General of Police and other Police Authorities in the country to maintain neutrality and ensure that the role of police personnel is limited to the provision of adequate securiy during the peaceful rallies, processions and marches. In particular, police personnel should be instructed not to attack citizens who may wish to protest against economic programmes considered inimical to their interests.”

Falana said it is within the people’s right to protest against policies that they find unfavourable.

“A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state,” he said.

“It is a tread recognized and deeply entrenched in the system of governance in civilized countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”