Ban on Protest: Institute of Human Rights and Humanitarian Law Carpet Gov Wike

The Human Rights and Humanitarian Law has carpeted Gov Wike of Rivers State in a press release made available to profjaysblog on the ban of the protest scheduled to hold in the city of Port Harcourt on Tuesday (today) 13th October, 2020.

According to the group Director, Courage Nsirimovu, he had described the state wide broadcast of the state Governor on the ban to protest by Rivers State Government as inconsistent with the constitution of federal republic of Nigeria, hence void.

Read the full press release below:

MONDAY, OCTOBER 12, 2020
PORT HARCOURT, RIVERS STATE ,
NIGERIA.

BAN ON PROTEST BY RIVERS STATE GOVERNMENT IS INCONSISTENT WITH THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA. HENCE, VOID

RIGHT TO ASSEMBLE FREELY AND ASSOCIATE WITH OTHERS AND RIGHT TO FREEDOM OF EXPRESSION MUST BE PROTECTED

The Institute of Human Rights and Humanitarian Law (IHRHL) is one of the foremost human rights organization that has continuously defended the rights of citizens of the Federal Republic of Nigeria and all peoples of the world at large for over 30 years and running…

The IHRHL has received the news of The Rivers State Government Announcement banning protest, with utmost concern, because of the fear it will place on the heart of citizens who want to express their inalienable rights to freely assemble and express their grievances against police brutality, extortion, framing … inter alia.

IHRHL hereby asserts that inalienable rights are absolute rights that can only be controlled if in expressing such right, the party in question violates the right of another person or entity. The government has not established that the scheduled protest will be violent.

Assuming but not conceding that the protest will go rogue, the police has the responsibility to arrest violent protesters. That’s the much government can legally do.

S. 3 of The Constitution of The Federal Republic of Nigeria 1999 (As Amended) stipulates that “if any other law is inconsistent with the provision of this constitution, this constitution prevails and that other law shall to the extent of the inconsistency be void”

The order by the Rivers State Government seeks to suppress the rights of citizens of Nigeria in Rivers State to freely move, freely assemble peacefully and freely express themselves. The principle of rule of law demands every person and authority in government to only act according to law and as such, any act that doesn’t conform to the rule of law is voidable or out rightly void. The government is not above the law.

The celebrated case of All Nigeria Peoples Party & Or. V. Inspector General of Police (2006), in dismissing the contention of the police, the court held ;
“ In my view, the provision in section 40 of the Constitution is clear, direct and unambiguous. It is formulated and designed to confer on every person the right to assemble freely and associate with other persons. I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association. I agree with Mr. Falana that violation can only be done by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before these rights can be violated.

I also agree with Mr. Falana that the criminal law is there to take care if protesters resort to violence in the course of demonstration and that once the rights are exercised peacefully, they cannot be taken away.”

As such, IHRHL calls on the Rivers State government to upturn its order and ensure its responsibility to protect the lives and properties of the people of Rivers State.

IHRHL further calls on His Excellency, The Governor of Rivers State and Chief Security Officer of The State to order the Police to protect peaceful protesters.

Finally, IHRHL calls on the people of Rivers State and Nigeria to come out in mass and demand for their rights and dignity from the police establishment and the Government of Nigeria.

Signed :
FOR: IHRHL

COURAGE NSIRIMOVU
EXECUTIVE DIRECTOR