A prominent Nigerian lawyer, Mr. Jiti Ogunye, has raised concerns over the legal validity of the Kogi State government’s ban on public gatherings, particularly in relation to Senator Natasha Akpoti-Uduaghan’s homecoming event. Ogunye questioned the state’s claim of a legal violation, arguing that the rally, held at the senator’s private residence, did not clearly breach any law.
Speaking on a News program, Ogunye analyzed the controversy surrounding the event in Kogi Central, which took place despite the state government’s ban on rallies. He pointed to Nigeria’s constitutional protections, including the rights to freedom of expression, peaceful assembly, and movement, enshrined in Sections 39, 40, and 41 of the 1999 Constitution. According to Ogunye, these rights outweigh any conflicting laws, as per Section 1(3) of the Constitution.
The legal expert also referenced a 2007 Court of Appeal ruling in IGP v. ANPP, which struck down provisions of the Public Order Act that restricted rallies as unconstitutional. He emphasized that the police, under Section 83(4) of the Police Act, are obligated to protect citizens exercising their rights, not obstruct them.
Ogunye criticized the Kogi government’s rationale for banning the rally based on intelligence reports, stating that such a directive would only be valid if backed by specific legal statutes or emergency powers. He dismissed claims made by Kogi’s Commissioner for Information, Kingsley Fanwo, who argued that Akpoti-Uduaghan had breached security protocols. “An instruction is not a provision of the law,” Ogunye remarked, questioning how a private gathering in Akpoti-Uduaghan’s home could be classified as a public gathering.
The event, which saw the senator arrive by helicopter, did not involve a public procession, leading Ogunye to argue that it did not meet the definition of a rally or public assembly. He pointed out that while the Constitution allows for rights to be restricted in certain cases, these limitations must be justifiable for public safety in a democratic society.
Ogunye expressed skepticism over the state’s legal standing, stating, “The government shouldn’t be too eager to constrain these rights without lawful and compelling reasons.” He speculated that political motives might be influencing the situation, given Akpoti-Uduaghan’s recent suspension from the Senate and the ongoing recall efforts by her constituents.
Concluding his analysis, Ogunye challenged the legal grounds for any potential enforcement of the ban, particularly since the event took place by air, not by road. He emphasized that without a genuine public order crisis, such as those in emergency situations like riots, the state’s directive seemed unsubstantiated.