Police permits not needed for rallies –Lawyers

Some Senior Advocates of Nigeria have accused the police of illegality for insisting on giving permits to people before they can hold rallies in the country.

The senior lawyers, who spoke to SUNDAY PUNCH in separate interviews, said the police do not have power to issue permits for protests, and have been acting illegally by dispersing peaceful rallies.

An expert in constitutional law, Prof. Itse Sagay, SAN, accused the police of being power-hungry and serving only the interest of politicians.

Sagay said though it had been decided at the Supreme Court that the police have no power to give permit for rallies, the force has not relented in doing that.

He said, “I don’t know why the police are so power-hungry. Everybody is free to hold any demonstration or protest. The police come in only when the persons holding the demonstration write them to provide protection, so that the rally doesn’t get rowdy. The police have no power to give permits for rallies or processions; this has been decided at the Supreme Court level. Police are simply desperately clinging to non-existing power.”

Sagay specifically said the controversial Commissioner of Police in Rivers State, Joseph Mbu, has been arrogating non-existent powers to himself, because of the lawlessness that pervaded the country.

“I saw Mbu giving himself all sorts of powers that do not exist in the constitution. It is because of the lawlessness and anarchy that exist in the country. And it is because politicians have been using these policemen, who are under their control to control other people and stop them from exercising their rights. They know they don’t have such power, but because we are in black Africa, where a black man in power does not believe there is rule of law, these things persist,” he said.

Another lawyer, Emeka Ngige, SAN, said organisers of rallies only need to inform the police of their planned rallies for the police to provide security.

Ngige said, “All that is required is information for the police to provide security, but if you have to beg them to hold the rally, then that is against the right of the freedom of movement and the freedom to hold opinion and disseminate that opinion. Any police commissioner, Assistant Inspector-General of Police or Inspector-General of Police that says you need a police permit to hold a rally is acting out of ignorance or is being mischievous.”

Also, Yusuf Ali, SAN, said the police are still suffering from a carry-over of the military regime.

Ali said it was not right for the police to ask Nigerians to get a permit before holding rallies.

“Nigerians have the right to freely assemble as long as what they are assembling for is legal. I think the police are still suffering from a carry-over of the military. There is nothing in the electoral act that says one cannot move freely,” he said.

The Assistant Inspector General of Police, Zone 5, Benin City, Hashimu Argungu, last Monday, met with leaders of political parties in Edo State, and warned that the police would not hesitate to disrupt any political rally held without a permit.

Copyright PUNCH.