President, Constitutional Rights Awareness and Liberty Initiative, Barr. Adeola Oyinlade, has slammed the Nigeria Police Force for its continued refusal to allow peaceful protests, including #EndSARS gatherings.

The activist in a statement made available to News Express on Thursday urged the Police to release all who were arrested or being detained for embarking on peaceful protests across the country during Wednesday’s #EndSARS Memorial. He argued that the position of the security agencies that there cannot be a lawful protest without permission was obsolete, as he said that they were relying on the Public Order Act of 1979, thereby justifying clamping down on demonstrators across the country.

“This position is an unlawful and flagrant breach of the fundamental human rights of persons in Nigeria,” said the Nigerian human rights and international law expert who said that police permit was quashed since 2006 by the Court of Appeal.

He explained that protest was the expression of disapproval and objection by persons, insisting such objections could be verbal, written, physical or expressed on social media.

The 2018 International Bar Association (IBA) Human Rights Lawyer of the Year & 2021 American Bar Association (ABA) International Human Rights of the Year Laureate contended that: “By virtue of the 1999 constitution of the Federal Republic of Nigeria (as amended) and under the African Charter on Human and People’s Rights, Nigerians can protest over any issue either privately or publicly.”

According to the legal practitioner, rights enshrined in the constitution and other laws in force in Nigeria cannot be ordinarily denied by any person or government or be activated at the dictate of the police.

The Principal Partner, Adeola Oyinlade & Co, reminded the police that its function was to protect those exercising their right to protest and make sure that hoodlums do not hijack the process.

“The purported Public Order Act of 1979 relied upon by the police that requires protesters to seek permission from the Governor, at least, within 48 hours before the protest has been declared invalid in a 2006 judgment of the Federal High Court.

“The same judgment was also affirmed on appeal and the Act quashed by the Court of Appeal. The Court of Appeal stated that ‘In present-day Nigeria, clearly police permit has outlived its usefulness.

“It is the right of citizens to conduct peaceful processions, rallies or demonstrations without seeking and obtaining permission from anybody. It is a right guaranteed by the 1999 Constitution and any law that attempts to curtail such right is null and void and of no consequence,” Oyinlade said.

“The rationale for police refusal to implement the 2007 court ruling on the Public Order Act suggests that the police in Nigeria focus largely on what they perceive law to be against what the law truly is,” he noted.

Giving an instance, Oyinlade said: “Just last month, September 21, 2021 to be precise, some retired police officers carried out a Protest at the National Assembly over poor pension benefits and demanded for improved retirement benefits. They did this because it is thus provided for in the constitution, and the freedom of citizens to express views on a matter that affects them is a cornerstone upon which the very existence of democratic society rests.”

Oyinlade urged the Inspector General of Police, Usman Baba, to alert the police hierarchy nationwide on the position of law on the subject matter and order total compliance.

The lawyer demanded that innocent Nigerians arrested and/or detained for exercising their right to protest should be freed immediately.

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