HIGH COURT STRIKES DOWN "PUBLIC ORDER ACT"

UNCLAS ABUJA 001153

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV ASEC KCRM NI
SUBJECT: HIGH COURT STRIKES DOWN "PUBLIC ORDER ACT"
THAT RESTRICTED FREEDOM OF ASSEMBLY


1. Summary: An Abuja High Court struck down the 1990
Public Order Act that had required a police permit to
be issued for all public rallies and processions.
Security forces have regularly used the Act to suppress
opposition rallies, refusing to issue police permits
for "security reasons." Although human rights
advocates have hailed the ruling, the GON has often
ignored court rulings, and the Inspector-General of
Police has already announced that the police will
appeal the ruling. The real test will come when a
major opposition rally is announced, perhaps in the
wake of the July 1 Supreme Court verdict on the 2003
presidential election. End Summary.


2. Over the weekend of June 25-26, an Abuja High
Court struck down the 1990 Public Order Act that had
required a police permit to be issued for all public
rallies and processions. A coalition of 12 opposition
political parties had filed a suit in February 2004
challenging the Act's constitutionality, in the wake of
several rallies that had been broken up by police.


3. Background: Security forces have regularly used
the Act to suppress opposition rallies, refusing to
issue police permits for "security reasons." For
example, in September 2003 in Kano, police tear-gassed
an All Nigerian People's Party (ANPP) rally at which
ANPP Vice-Presidential candidate Chuba Okadigbo was due
to speak; Okadigbo died a day later. In March and May
2004 in Abuja, police arrested organizers and tear-
gassed rallies in support of ANPP Presidential
Candidate Muhammadu Buhari. In these cases and in
numerous others cited in past Human Rights Reports,
police justified their actions by citing the
organizers' failure to obtain a police permit.
However, rallies organized by the ruling People's
Democratic Party (PDP ) rallies are regularly held
without permits. End Background.


4. The Court cited Section 40 of Nigeria's 1999
Constitution in its ruling, which states, " Every
person shall be entitled to assemble freely and
associate with other persons." Human rights advocates
hailed the ruling as a victory for both rule of law and
civil liberties.


5. The Acting Inspector-General of Police, Sunday
Ehindero, however, immediately announced that the
police would appeal the ruling, citing Section 45 of
the same Constitution: " Nothing in sections 37, 38,
39, 40 and 41 of this Constitution shall invalidate any
law that is reasonably justifiable in a democratic
society in the interest of defence, public safety,
public order, public morality or public health."
Ehindero argued that the 1990 Public Order Act
qualified as justifiable under this provision.


6. The Court issued an injunction along with its
ruling that prohibits police from interfering with any
peaceful public rallies. Ehindero did state, on
announcing the appeal, that the NPF would abide by the
court decision until the case is resolved.


7. Comment: The GON often ignores court rulings, in
spite of a commitment to "rule of law." The real test
will come when a major opposition rally is announced,
perhaps in the wake of the scheduled July 1 Supreme
Court verdict that may overturn the result of the
flawed 2003 presidential election. End Comment.

CAMPBELL