US embassy cable - 05ABUJA1153

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