GOV. AYADE'S AIDE IS WRONG, THE UGEP PEOPLE ARE RIGHT

By Archibong Edet

Before we tow the path that leads back to the military era, Mr. Cyril James-Omini, Special Assistant to the Governor on security, Yakurr LGA must be put on notice that his action of unlawfully obstructing the peaceful protest against cultism in Ugep community is ultra-vires, illegal, unconstitutional and highly condemnable.



Protests are means of holding dissents or expressing discontent through public marches, rallies, etc. Every Nigerian has a right to assemble and express their views without any form of harassment or illegal restrictions. These rights are guaranteed under S.39 and S.40 of the 1999 Constitution of the Federal Republic of Nigeria and Article 11 of the African Charter on Human and Peoples’ Rights.

Mr. James-Omini, Special Assistant on security should not mislead the public into believing that the organisers of the said protest did not follow due protocol. According to the 2006 Court of Appeal decision in All Nigeria People's Party & Ors. v Inspector General of Police, the court held that police permit is not required to hold a protest. The court further held that the requirement of police permit as a pass to hold protests and rallies is unconstitutional as it violates S. 40 of the 1999 Constitution as Amended.

With due respect to the SA, who has overstepped his bounds. You need not inform any Special Assistant on security or acquire any police permit to hold a peaceful rally/protest. The fundamental rights of the citizens should not be infringed upon in the guise of police permit and unnecessary protocols. Every Nigerian and every Cross Riverian by necessary extension has the right to assemble and a right of expression. Such rights must be protected, enforceable and enforced.