By Semiloore Akinsulure
The Nigerian Police has been at the center stage of public engagements in recent days, before and after the protest that happened few days ago, for the release of Mazi Nnamdi Kanu, who had been in the custody of the State for many years. Omoyele Sowore stood at the heart of the struggle, leading conscious minds to kick against the long overdue detention. As it is in the character of the Nigerian Police, they managed to get an ex-parte order to restrain protesters from engaging in a protest around the corridors of powers, when they couldn’t secure an order to totally cancel the protest. The right to protest is a constitutional right that is protected under Section 40 of the Constitution of Federal Republic of Nigeria. This right is not subjected to review or permission from the Nigerian Police. The police have not earned the right to call for a negotiation on how citizens are to exercise their fundamental human rights.
This was not the first time the Nigerian Police would embark on this pattern of suppression. The problem affiliated with the abuse of the power of issuing interim injunction has been dining with us for awhile. The first precedent could be traced to 2024 in Lagos, during a nationwide protest against governmental policies and actions, when the police vehemently enforced the ex-parte order granted by Lagos High Court, to restrict the protesters to only Gani Fawehinmi Freedom Park, Ojota, Lagos State, and Peace Park, Ketu, Lagos State. This pattern of curtailing the citizen’s right to protest through court orders, is what has repeated itself in this instance, and I think it’s a dangerous precedent. The rights to protest is derived from the grundnorm and the people can not be compelled for permutation on how they must express themselves. It is unlawful on the path of the police to be using court orders as a camouflage to stifle the citizens’ fundamental rights in the course of maintaining law and order.
The question that we need to ask is: who can be deemed to be the defendants in a protest that came up from a wide consciousness of numerous Nigerians? This is an agitation that garnered national acceptance, with key individuals like Former Vice-President Atiku Abubakar and eminent law makers like former Senate President, Adolphus Wabara, all identifying with the agitation. Omoyele Sowore did come out during a press conference before the protest on Monday, to say that he and the lawyer of Nnamdi Kanu had not been served even though it was noted on the order that the defendants must be duly served. I must say at this point that an ex-parte order remain a dog that can bark but can not bite without service. The power of the court can only be activated when service has been properly done; an ex-parte order therefore remains liveless without service. The police can not rush to court to obtain an order and put it inside the pocket and still expect it to be obeyed.
It’s an undeniable fact that service of process is an important aspect of the judicial process. In the case of Auto Import Export v. Adetayo (2000) 18 NWLR (PT 799) 554 P.5 The court noted that service of process on a party to an action, is crucial and fundamental. This is so important that even a defendant can not be served through another defendant. This is well noted in the case of Management Enterprises Ltd v. Otunsanya (1987) 2 NWLR 179. What this mean is that, a service of ex-parte order on the brother of Nnamdi Kanu can not be biding on Omoyele Sowore or any other protesters. The Nigerian police must stop this attitude of waylaying people’s right with court orders whenever a protest is being arranged.
A protest can be staged at anytime. It’s a right that can not be negotiated by the Nigerian Police. The beauty of democracy comes alive when the people can confidently say uncomfortable truth to power, without any fear of intimidation or victimization, except if what we practice in Nigeria is just a mere misrepresentation of democracy. Protest is therefore a strong channel through which the voices of the people can be heard, and this channel should not be submerged by the police. Importantly, there is no such law that put the people under any obligation to report to the police before going to protest. They don’t even need to announce a protest before embarking on same.
This issue of police permits for protest is strange to our laws in Nigeria, and it has outlived its usefulness, statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permit is the brain child of the colonial era and ought not to remain in our statute books. this has been laid to rest in Inspector General of Police v. All Nigeria People’s Party (2008) 12 WRN 65, by the Nigeria Court of Appeal, when the court profoundly held that the Public Order Act (Cap 382) Laws of the Federation of Nigeria 1990 which require police permit or any other authority for the holding of: rallies or demonstrations in any part of Nigeria is illegal and unconstitutional as they contravene section 40 of the 1999 Constitution and article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990.
Therefore, the arrest of Omoyele Sowore does not flow with the spirit of rule of law, and constitute a serious affront on constitutional democracy. Assuming without conceding that Omoyele Sowore indeed erred, it’s not in the duty of police to be arresting him for defiling the order of court. The police can not suo moto arrest a person over a contemptuous matter that relate to the defilement of court orders.
The police must also understand that protest in itself is a civil engagements so long as it’s not done to ferment violence, and arrest can not be made on issues relating to civil wrong. The combined effect of both Section 32(2) of the Nigerian Police (Establishment) Act and Section 8(2) of Administration of Criminal Justice Act (ACJA) of 2015 clearly show that police can not arrest anyone based on a civil wrong or unless on the order of a competent Court. The Nigerian police can not continue leveraging on every available opportunity to attain the unconstitutional results of depriving Omoyele Sowore’s right to peaceful assembly and association, and freedom to personal liberty. Nigeria as a society ought to have matured beyond this witch-hunting of every dissenting voice. The Nigerian Police should release Omoyele Sowore as he has not committed any offence known to law. The police is not above the constitution and their actions must comply with the directive of same.
Semiloore Akinsulure, is a Writer, and a Media Personality.
semiloreakinsulure@gmail.com
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