Download this publication - PULP

More documents

Recommendations

Info

180 Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007) having regard to section 40 of the 1999 Constitution and article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (Cap 10) Laws of the Federation of Nigeria 1990. [2.] The plaintiffs/respondents also claimed as follows: (i) A declaration that the requirement of police permit or other authority for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) laws of the Federation of Nigeria (1990). (ii) A declaration that the provisions of 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 processions 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. (iii) A declaration that the defendant is not competent under the Public Order Act (Cap 382) Laws of the Federation of Nigeria 1990 or under any law whatsoever to issue or grant permit for the holding of raffles or processions in any part of Nigeria. (iv) An order of perpetual injunction restraining the defendant whether by himself, his agents, privies and servants from further preventing the plaintiffs and other aggrieved citizens of Nigeria from organising or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies. ... [3.] I have painstakingly considered the submission of the learned counsel to both parties in this appeal. I am intrigued by the brilliant and elucidating submission of the learned counsel and especially that of the learned counsel for the respondents Mr Femi Falana on the core aspect of this appeal which by all means is the interpretation of sections 39 and 40 of the 1999 Constitution touching on the fundamental rights of the citizens of this country to freedom of expression and right to peaceful assembly and association and the application and the effect of the Public Order Act Cap 382 Laws of the Federation of Nigeria 1990 on same. This court appreciates the level of research put into the preparation of his brief particularly the opinion of courts on contemporary issues from other parts of the world. It is the conclusion of the lower court in the ruling now being challenged in this appeal that: I hold the view that the Public Order Act does not only impose limitation on the right to assemble freely and associate with others, which right is guaranteed under section 40 of the 1999 constitution, it leaves unfettered the discretion on the whims of certain officials, including the police. The Public Order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration is an aberration to a democratic society, it is inconsistence with the provisions of the 1999 Constitution. The result is that it is void to the extent of its inconsistency with the provisions of the 1999 Constitution. In particular section 1(2),(3)(4)(5) and (6), 2, 3 and 4 are inconsistent with the fundamental rights provisions in the 1999 Constitution and to the extent of their inconsistency they are void — I hereby so declare. African Human Rights Law Reports
Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007) 181 The court proceeded to answer the first question raised in the originating summons in the affirmative and the second question in the negative and accordingly granted all the reliefs claimed by the plaintiffs/respondents. Issue number 1 Whether in view of section 45(1) of the 1999 Constitution the provisions of the Public Order Act are not inconsistent with the said 1999 Constitution. [4.] As rightly observed by the learned counsel to the appellant this issue seeks to determine the validity of the Public Order Act against the background of the provision of section 40, 45 of the 1999 Constitution and article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 laws of the Federation of Nigeria 1990. It is imperative to give insight into the relevant provisions of the Constitution and the Public Order Act. [5.] Section 40 of the 1999 Constitution reads: Every person shall be entitled to assemble freely and associate with other persons and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests. Provided that the provisions of this section shall not derogate from the powers conferred by the Constitution on the Independent National Electoral Commission does not accord recognition. [6.] Section 45(1) reads: Nothing in section 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society: (a) In the interest of defence, public safety, public order public morality or public health or for the purpose of protecting the rights and freedom of other persons (b) An act of the National Assembly shall not be invalidated by reason only that it provides for the taking during periods of emergency of measures that derogate from the provisions of section 33 or 35 of this Constitution but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exist during that period of emergency. (c) Provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this Constitution except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this Constitution. [7.] By article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990, the African Charter is an understanding between concerned African states to protect the human rights of their citizens within the territorial jurisdiction of their countries. It is now part of the domestic laws of Nigeria and like all other laws courts must uphold it. These rights are already enshrined in our Constitution. Court of Appeal, Nigeria
Page 1 and 2:
AFRICAN HUMAN RIGHTS LAW REPORTS 20
Page 3:
CONTENTS Editorial User guide Abbre
Page 6 and 7:
USER GUIDE The cases and findings i
Page 8 and 9:
Nigeria Internet Law Reports www.ni
Page 10 and 11:
x Table of cases Nigeria Inspector-
Page 12 and 13:
SUBJECT INDEX This index is divided
Page 14 and 15:
xiv Subject index Presumption that
Page 16 and 17:
xvi Subject index Environment Inter
Page 18 and 19:
xviii Subject index No legal remedi
Page 20 and 21:
xx International instruments referr
Page 22 and 23:
xxii International instruments refe
Page 24 and 25:
xxiv International instruments refe
Page 26 and 27:
xxvi International instruments refe
Page 28 and 29:
INTERNATIONAL CASE LAW CONSIDERED U
Page 30 and 31:
xxx International case law consider
Page 32 and 33:
xxxii International case law consid
Page 35:
UNITED NATIONS HUMAN RIGHTS TREATY
Page 38 and 39:
4 Abbassi v Algeria (2007) AHRLR 3
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
22 Njaru v Cameroon (2007) AHRLR 21
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
30 Titiahonjo v Cameroon (2007) AHR
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
36 El Dernawi v Libya (2007) AHRLR
Page 72 and 73:
38 El Dernawi v Libya (2007) AHRLR
Page 74 and 75:
Prince v South Africa (2007) AHRLR
Page 76 and 77:
42 Prince v South Africa (2007) AHR
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Ben Salem v Tunisia (2007) AHRLR 54
Page 90 and 91:
56 Ben Salem v Tunisia (2007) AHRLR
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 105:
AFRICAN COMMISSION ON HUMAN AND PEO
Page 108 and 109:
74 Article 19 v Eritrea (2007) AHRL
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Chinhamo v Zimbabwe ZIMBABWE (2007)
Page 132 and 133:
98 Chinhamo v Zimbabwe (2007) AHRLR
Page 134 and 135:
100 Chinhamo v Zimbabwe (2007) AHRL
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 151:
SUB-REGIONAL COURTS 117
Page 154 and 155:
120 Katabazi and Others v Secretary
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165: 130 Katabazi and Others v Secretary
Page 166 and 167: 132 Essien v The Gambia and Another
Page 176 and 177: 142 Mike Campbell (Pvt) Limited and
Page 178 and 179: 144 Mike Campbell (Pvt) Limited and
Page 181: DOMESTIC DECISIONS 147
Page 184 and 185: 150 Waweru v Republic (2007) AHRLR
Page 200 and 201: 166 Luboya and Another v State (200
Page 216 and 217: 182 Inspector-General of Police v A
Page 224 and 225: 190 Dzvova v Minister of Education,
show all

Download this publication - PULP

Create successful ePaper yourself

Delete template?

Save as template?