Human rights lawyer, Mr Femi Falana has called on the federal government to respect the democratic wishes of Nigerian workers to identify with the striking university lecturers.
Falana in a statement entitled, ‘The legality of the planned protest by NLC in solidarity with ASUU,’ issued on Sunday contended that the fundamental right of the people of Nigeria to protest for and against the Government was upheld by the Court of Appeal in the celebrated case of the Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65.
The Senior Advocate of Nigeria argued that the proposed protest cannot be said to be illegal since it would be an expression of the freedom of expression and freedom of assembly of Nigerian workers guaranteed by sections 39 and 40 of the Constitution of the Federal Republic of Nigeria 1999 and articles 39 and 40 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act Cap A9, Laws of the Federation of Nigeria, 2004.
Furthermore, Falana, who is the Interim Chair, Alliance on Surviving COVID-19 and Beyond (ASCAB), stated that since the protest by the NLC was just and legitimate the ASCAB has mobilised lawyers in the Federal Capital Territory and the 36 States of the Federation to provide legal services for the protesters.
The statement added: “A rally or placard-carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilised countries.
“It will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.
The statement added: “A rally or placard-carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a trend recognised and deeply entrenched in the system of governance in civilised countries.
“It will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.
“In line with the injunction of the Court of Appeal the National Assembly ensured that the right of Nigerian citizens to assemble and express themselves freely and peacefully has been complimented by the Police Establishment Act 2020. The Act has imposed a duty on the Nigeria Police Force to provide adequate security during meetings, rallies and processions convened by Nigerian citizens.
“Specifically, section 83(4) of the Act stipulates as follows: Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security cover for the meeting, rally or the procession.
“Specifically, section 83(4) of the Act stipulates as follows: Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security cover for the meeting, rally or the procession.
“Having confirmed that the NLC has notified the Authorities of the Nigeria Police Force of the planned protest marches and rallies in strict compliance with the aforementioned provision of the Police Establishment Act, 2020, we call on the federal government to respect the democratic wishes of Nigerian workers to identify with the striking university lecturers.
“Since the protest by the NLC is just and legitimate the ASCAB has mobilised lawyers in the Federal Capital Territory and the 36 States of the Federation to provide legal services for the protesters.”
“Since the protest by the NLC is just and legitimate the ASCAB has mobilised lawyers in the Federal Capital Territory and the 36 States of the Federation to provide legal services for the protesters.”
Wale Igbintade in Lagos
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