The Right to Protest: Are the IGP’s Conditions for the Protests Constitutional?


On July 26, 2024, Premium Times reported that Inspector-general of Police (IGP) Kayode Egbetokun acknowledged the constitutionality of the #EndBadGovernance protests. However, the IGP stated some conditions that the protesters must satisfy before proceeding with the protests. These conditions include:

  • The protesters should disclose proposed protest routes and assembly points.

  • They should state the expected duration of the protest.

  • They should provide the names and contact details of protest leaders and organisers.


The Inspector General of Police’s statement has led Nigerians to wonder about the following two key questions:


  • Do Nigerians have the right to protest?

  • Is the stipulation of conditions for the protests constitutional?


In this article, we'll answer these questions. Let's get started. 

Do Nigerians Have the Right to Protest?


The right of citizens to protest against bad governance was specifically recognised by the Court of Appeal, Abuja Division, in the case of Inspector General of Police v. All Nigeria People's Party & Ors (2007) 18 NWLR (Pt. 1066) 457 CA. 


The facts of the case are that ANPP and eleven other political parties requested 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 organised in Kano on the 22nd of September 2003 on the ground that no police permit was obtained.


In this case, the court had to interpret the provisions of:


  • Sections 40 and 45 of the CFRN 1999

  • Article 11 of the African Charter on Human and People's Rights (Ratification and Enforcement) Act

  • The Public Order Act 


According to the court, the CFRN 1999 and the African Charter guarantee the right of individuals to freedom of peaceful assembly and association. The statutes, however, recognise that in some  situations, the right should be restricted in the interest of public order, safety, health, and security. 


Meanwhile, the Public Order Act prescribes that those who want to hold all public assemblies, meetings, and processions must apply for and obtain licences from the Governor. The Governor may delegate the power to issue such licences to the Commissioner of Police or a district police officer. In a situation where the Governor delegates this power, the people must apply to the appropriate police officer for the licence. 


The Court of Appeal held that although the Public Order Act was an Act for the maintenance of public order, it should be selectively applied. When people seek to exercise their right to freedom of peaceful assembly and association by holding public demonstrations, processions, and rallies, the Public Order Act should not be applied to restrict that right. 


The Court of Appeal directed its mind to the Ghanaian case of New Patriotic Party v. Inspector General of Police 1992-93 GBR 585 (2000) 2 HBLRA 1 where the learned trial judge held that:-


"Police permit has outlined its usefulness, statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permit is the brainchild of the colonial era and ought not to remain in our statute books.”


The court was also persuaded by the US case of Shetton v. Tucker 364 US 479,488 (1960) where the United States Supreme court observed that-


"Even though the Government's purpose may be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties.”


Bearing these decisions in mind and the general principles of statutory interpretation, the Court of Appeal noted that “the power given to the Governor of a State to issue permits under Public Order Act cannot be used to attain the unconstitutional result of deprivation of right to freedom of speech and freedom of assembly.”


The court believed that the Public Order Act should be promulgated to compliment Sections 39 and 40 of the Constitution in context and not to stifle or cripple it. In the words of Adekeye, JCA, who delivered the leading judgement,

“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… It will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally.”


In other news, the Public Order Act is inconsistent with the CFRN 1999. However, it is only void to the extent of its inconsistency. While Nigerians have the right to hold protests without any police permit, a licence may be required when the public meeting is not a rally or a protest against societal problems. 


Take, for example, the case of Chukwuma v. C.O.P. (2005) JELR 52796 (CA), the Court of Appeal held that a licence was required to hold the 32nd Delegates Conference of Ndigbo, which was to be attended by all Igbos residing in the entire Northern States of Nigeria. 


Is the Stipulation of Conditions for the Protests Constitutional?


In the IGP v. ANPP case, the Court of Appeal held that “the right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.”


The stipulation of conditions by the IGP is a form of impediment that is inconsistent with the constitution. It is also inconsistent with the ruling of the Court of Appeal, which has not been overturned by any later judgement or by the Supreme Court. 


Conclusion 


As far as judicial decisions and legal provisions are concerned, the people of Nigeria can peacefully carry out the protest as planned. Since the people's constitutional right to peaceful protest is unconditional, no government official including the IGP is constitutionally allowed to prescribe conditions for the exercise of the right. 


Written by: Opuere Odu

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