ABUJA—JUSTICE Chinyere Chikere of the Federal high court, Abuja yesterday fixed July 27, this year for definite hearing in a suit filed by a coalition of registered political parties in Nigeria, challenging the constitutionality of Public Order Act which prohibits holding of rallies or procession in the country without a police permit.
The high court judge, yesterday, adjourned the matter till next month shortly after request by parties in the matter for the submission of written briefs in the case collapsed.
She had directed yesterday that all parties in the matter should address her orally.
Named as plaintiffs in the case are All Nigeria Peoples Party (ANPP), National Conscience Party (NCP),PeoplesRedemption Party (PRP) and National Democratic Party (NDP).
Others include Democratic Alternative (DA), Movement for Democracy and Justice (MDJ), Nigeria’s Peoples Congress (NPC) and five others.
It would be recalled that a class action was instituted by all the 12 registered political parties against the Inspector General of Police, Mr Tarfa Balogun in February this year before the Abuja Federal high court.
The parties were praying the court to issue in their favour an order of perpetual injunction restraining the Inspector General of Police, Tarfa Balogun from disrupting henceforth organization of peaceful assemblies, meetings and rallies by aggrieved Nigerians against unpopular government measures and policies.
The action was filed by the Chambers of Mr Femi Falana on behalf of the Conference of Registered Political Parties in Nigeria.
In the originating summons lodged at the registry of the Abuja Federal high court, two fundamental and constitutional questions were raised for determination including :
* whether the police permit or any authourity is required for holding a rally or procession in any part of the Federal Republic of Nigeria;
*whether the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 which prohibit the holding of rallies or procession without a police permit are not illegal and unconstitutional having regard to section 40 of the 1999 constitution and Article 11 of the African Charter on Human and PeoplesRights(Ratification and Enforcement) Act (Cap) Laws of the Federation of Nigeria, 1990.
Should the questions be resolved in favour of the plaintiffs, they wanted the court to declare among others:
that the requirement of police permit or other authourity for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 constitution;
*that the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 which require police permit or any other authourity for the holding of rallies or processions in any part of Nigeria is illegal and unconstitutional as they contravene section 40 of the 1999 constitutions;
*that the defendants is not competent under the Public Order Act or any under law whatsoever to issue or grant permit for the holding of rallies or procession in any part of Nigeria and
* an order of perpetual injunction restraining the defendants whether by himself, his agents, privies and servants from further preventing the plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.
In an accompanying 13-point affidavit in support of the originating summons, the plaintiffs told the court that the conference of political parties on May 21, 2003 urged the Inspector-General of Police to direct states’police commands to issue permit to its members for the purpose of holding unity rallies throughout the country but that the request was turned down.
According to them, the refusal of the permit was protested, adding that in spite of the protest, they were surprised on May 29, 2003 when the police prevented them from staging their peaceful rallies against the alleged unprecedented rigging of the 2003 general elections by the ruling PDP.They further contended that subsequent several peaceful rallies planned were disrupted including those organized by the Nigeria Labour Congress to kick against increase in the prices of petroleum products and another by All Nigeria Peoples Party (ANPP) on September 22, 2003 in Kano.
The court was told that the Kano rally organized by ANPP was a notable one in that police tear-gassed the crowd that participated in it with the party’s leaders including Dr Chuba Okadigbo who died barely 24 hours later.
