Human Right Activist and Senior Advocate of Nigeria (SAN), Femi Falana, has described as illegal, the warning of Lagos State Commissioner of Police, Hakeem Odumosu, against the proposed End SARS protest anniversary on October 20, 2021.
Falana in a statement obtained by Channels Television on Thursday, said the Nigeria Police lacked the power to ban public protests in Nigeria.
Recall that following plans by groups to commemorate the one year anniversary of the Lekki toll gate shooting by Nigerian Army troops, the State police command warned against the protest, which according to them may lead to a “breakdown of law and order.”
Reacting to the development, Falana said,
“Police’s stance is illegal as they constitute a gross infringement of the fundamental rights of the Nigerian people to freedom of expression and freedom of assembly guaranteed by sections 38 and 40 of the Nigerian Constitution as well as articles 9 and 10 of the African Charter on Human and Peoples Rights Act.”
“Since police permits have been outlawed and banned in Nigeria by the Federal High Court and affirmed by the Court of Appeal, the Nigeria Police Force cannot be permitted to ban rallies without a repeal of the law on public meetings, rallies and processions in the country. In other words, the ban on public protests announced by the Police Authorities cannot obliterate the constitutionally guaranteed rights of Nigerians to assemble peacefully and express themselves.
“After all, it is public knowledge that General Muhammadu Buhari (as he then was) and other leaders of the ruling All Progressive Congress who took part in public rallies against fuel hike in January 2012 and protests against insecurity in November 2014. To that extent, the Buhari administration ought to restrain the Police from banning peaceful rallies against police brutality on October 20, 2020, in any manner whatsoever and however.
“Finally, the Police and other security agencies should be reminded of the indisputable fact that neither the former British colonial police force nor the defunct neo-colonial military junta succeeded in banning public protests in Nigeria.”
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