Rallies: Police Can’t Issue Permit – Falana

Lagos lawyer and human rights activist, Mr.Femi Falana (SAN) has described as illegal and contemptuous the disruption of public meetings and rallies by the police and other security agencies, saying the power to grant permit for such gatherings is constitutionally vested on state governors.

The legal luminary was reacting to the recent clampdown on members of a political group during their political rally in Port Harcourt, Rivers State in which Senator Magnus Abe was allegedly shot by rubber bullet by the police.

In a statement he personally issued yesterday, Falana said not even the Inspector General of Police or state Police Commissioners has the right constitutionally to issue permit for rallies or public gathering.

He urged Nigerians to resist subsequent disruptions of public gathering by the police, even as he noted that, under the Public Order Act (Cap P42) Laws of the Federation of Nigeria, 2004 the power to regulate public meetings, processions and rallies in any part of Nigeria was exclusively vested in the governors of the respective states of the federation.

Faulting the justification of the police attack in Rivers by the state Commissioner of Police, Mr. Joseph Mbu who had claim that the rally was unauthorised because the conveners did not obtain police permit, Falana contended in the statement that “by virtue of section 1 of the Act the Commissioner of Police or any other police officer could not issue a licence or permit for any meeting or rally without the authority of the governor.
Besides, Falana argued that “in line with the rule of law the current Inspector-General of Police, Mr. M.D. Abubakar has directed all police officers to comply with the verdicts of both the Federal High Court and the Court of Appeal by recognizing the fundamental right of Nigerians to assemble freely and protest without harassment.

“Hence, in the Nigeria Police Code of Conduct launched at Abuja on January 10, 2013 it is stated that police officers shall ‘maintain a neutral position with regard to the merits of any labour dispute, political protest, or other public demonstration while acting in an official capacity; not make endorsement of political candidates, while on duty, or in official uniform”, he noted.

- Leadership

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