Right To Assemble And Protest: A Teachable Moment For Abuja Police Commissioner Joseph Mbu

Section 39 of the 1999 Constitution guarantees right to freedom of expression whilst Sec.40 made provision for freedom of assembly and association.Every person shall be entitled to assembly freely and associate with other persons and in particular he may form or belong to any political party, trade union or any other association for the protection of his rights.
In the celebrated case of All Nigeria Peoples Party versus Inspector General of Police (2008) 12 WLR at pg 65 the Court of Appeal held that Nigerians has the fundamental rights to stage protest without any permit.
Justice Mohammed , justice of the Court of Appeal (JCA ) as then was held that in a Democracy, it is the right of citizens to conduct peaceful processions, rallies and demonstration. It is a right guaranteed by the 1999 Constitution and any law that attempt to curtail such right is null and void and of no consequences.
The CA decision clearly abrogated the vexatious Public Order Act that requires Police Permit before Public Protest.

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