We Hold Your Brief
TOBI SONIYI
Dear Counsel, I believe that your explanation on this issue, will help clear the air on this highly vexatious incident.
A few days ago, I was amongst the numerous members of a trade union which went on a symbolic solidarity procession, in front of the premises of a printing company. Many of our union members in the company, were unlawfully relieved of their jobs. Management of the company, did not seem to pay any attention to our several calls to reinstate them. We therefore, went on a peaceful procession to press home our call.
But unexpectedly, some of our officials were rounded up by the Police, and detained for three days. They were charged before a Magistrate Court, and told that they had violated the Public Order Act. We are rallying round our leaders in this matter, but what is your advice, as we make further plans on what to do? Comrade D.O., Lagos
Dear Comrade D.O., The Public Order Act has in recent times, turned out to be one of the most contentious laws in our statute books. There are still a number of cases before the courts on the clear and proper interpretation of the Act. But as it stands today, it does appear that for any assemblage of that nature to be lawful, a Police permit is required.
Public Order Act, Chapter 382, Laws of the Federation of Nigeria ‘Section 2 states that ‘Any police officer of the rank of Inspector or above, may stop any assembly, meeting or procession for which no licence has been issued or which violates any conditions of the licence issued under section 1 of this Act, and may order any such assembly, meeting or procession which has been prohibited or which violates any such conditions as aforesaid to disperse immediately.’ Also, Section 3 states thus: ‘Any assembly, meeting or procession which - (a) takes place without a licence issued under section 1 of this Act; or (b) violates any condition of any licence granted under section 1 as aforementioned; or (c) neglects to obey any order given under section 2 of this Act, shall be deemed to be an unlawful assembly, and all persons taking part in such assembly, meeting or procession, and in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part in the convening, collecting or directing of the assembly, meeting or procession, shall be guilty of an offence and liable on conviction to a fine of N1,000 or imprisonment for 6 months or to both such fine and imprisonment.’
Human Rights Activists have filed many suits in the different hierarchies of the Nigerian Courts, challenging this law. The numerous Human Rights Lawyers in Nigeria, would gladly take up this matter on your behalf, absolutely free of charge.