The lawyer for the human rights, Femi Falana (SAN) said there was no police permit needed to carry out public protests by citizens, except for the governor's permit.
Falana made a statement amid the threat by the police and other security institutions to disrupt the events planned to commemorate the endsars of September 20 protests last year.
The Lagos State Police Command said it would not tolerate public meetings to commemorate the first warning of #EndDSARS protests.
The Nigerian people have, in October 2020, protesting the registration of special anti-robbery (SARS), unitless units from the Nigerian police.
Protests, mark #endsars, then hijacked by criminals, which lead to the murder and destruction of public buildings
There is a momentum that growing towards the #endsars Wednesday memorial protesting nationally to honor the victims of the murder of the police and demanding good governance.
Falana, in a statement obtained by SaharaAreporters on Tuesday, said that the dead Nigerian community party was applied to Nigerian police forces to hold demonstrations protesting alleged 2003 general election mining.
The application was rejected by police authorities. Convinced that police actions cannot be justified, ANPP continued plans to hold a demonstration. The first in a series of demonstrations held in Kano on September 22, 2003, was attended by party leaders, including General Muhammadu Buhari (like him ).
Despite the peaceful rally, it was loudly disturbed by the police. To end the harsh violations of residents' freedom to hold a demonstration without official abuse, ANPP and 10 other political parties instructed our law firm to challenge the disruption to the canoe rally.
We received the Brief and filed a lawsuit in the Federal High Court to challenge the constitutional validity of police permits as a prerequisite for carrying out freedom of expression and freedom of gathering guaranteed by Section 39 and 40 of the Constitution and Article 10 and 11 of the African Charter on Human Rights Act And People. In defending the action, the defendant argued that he failed to obtain police licenses, rallic compilers had violated the provisions of the public calling law.
In the assessment of the court teachings in the case of all parties Nigeria Party V Inspector-General of the trial judge, the honorable Chinyere Justice said Inter Alia: 'The core of the provisions in Part 1 of the law is that the governor of each state empowered to direct the behavior of all assemblies , Meetings and procession on public roads or general resort places in the state and prescribe routes with which and the time where the procession can pass.
People who want to organize or collect any assembly or meetings or form procession at any general resort must register and get the governor's license.
The governor can delegate his strength to the Commissioner of the State Police or to other police officers. The people who disadvantaged by the Police Commissioner's decision could appeal to the governor and the governor's decision was final and no further appeal would be located there.
In upholding the basic rights of Nigerians to freedom of expression and assembly are enshrined in section 39 and 40 of the Constitution and Article 10 and 11 African Charter in Human Rights and Peoples Act (Cap A9) of the Nigerian Federation Law, 2004, The experimental judge studied said: 'In my view, provisions in section 40 constitutions are clear, directly and not ambiguous.
This is formulated and designed to negotiate on every person right to gather freely and get along with other people.
I am therefore persuaded by Mr. Falaan's argument that by the combined effect of Articles 39 and 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples' Rights, the Right to gather freely can not be violated without violating fundamental law in Assembly and Pacific Association.
"I agree with Mr. Falaran that the violation can only be carried out by the procedure permitted by law, pursuant to Article 45 of the Constitution, in which case there must be a properly declared state of emergency before these rights can be violated.
I also agree with Mr. Falana that criminal law is there to ensure that protesters resort to violence during the event and that once the rights are exercised peacefully, they can not be carried away.
Source: Sahara reporters
"" "Public Order acts to the extent that it affects the right of citizens to gather freely and to associate with others, whose sum is the right to hold gatherings or processions or demonstration is an aberration to a democratic society.