Following attempts by the Lagos state police command to purport to have outlawed public peaceful protests over citizens’ agitation for justice, fairness and fair play by Courts of law in Nigeria, a prominent Civil Rights Advocacy Group-HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has warned the police hierarchy in Nigeria that it lacks the power to override the constitutionally guaranteed freedoms of peaceful Assembly and association by the citizens stipulated in a plethora of constitutional provisions including section 40.

HURIWA has warned that it is compiling records of police involvement in extrajudicial killings and will be making submission soon to the ICC in The Hagues Netherlands just as it states that the period captures from 2015 to December 2023 and that it will demanding that the IGPs and the commissioners responsible for command and control including the appointing authority should be prosecuted for crimes against humanity.

HURIWA has also stoutly condemned the Federal Capital Territory police command for allegedly using brute force to quell an otherwise peaceful protest by Nigerians in Area 1 Garki bridge who were canvassing the independence of the judiciary by telling the judiciary that the eyes of the public are watching every steps of the judges with specific reference to their adjudication of the election related cases.

‘HURIWA absolutely Condemns the police for thus outrageous Act of applying extrajudicial process to deny Nigerians their constitutionally guaranteed freedoms of peaceful Assembly and association. We ask that the police operatives and their commissioner that ordered to shoot lethal bullets into the crowd that killed some Nigerians that participated in the botched peaceful protest in Abuja must be arrested and prosecuted fir murder’.

HURIWA in a press statement by the National Coordinator Comrade Emmanuel Onwubiko vehemently kicked against the harassment of members of the public by the police operatives on the orders of either the President or state governors to muzzle the freedoms of citizens of Nigeria to publicly make demands to the Courts of competent jurisdiction not be swayed by overbearing dictatorial pressure of the executive arm of government at the centre to give the President favourable judgment in the ongoing Presidential election petition tribunal processes.

HURIWA which reminded the Inspector General of Police of the provisions of the Police Act of year 2020 specifically on the DUTIES OF THE POLICE FORCE, HURIWA recalled that constitutional experts are of the considered opinion which HURIWA endorses that a cursory review of the police Act of 2020 reveals that the ambit of the Force operations has been broadened to facilitate the achievement of its general objective which is to provide an effective police service that complies with the principles of accountability, transparency, protection of human rights and freedom.

HURIWA cited Section 4 of the Act which the Rights group asserted is replete with extensive functions of the Force, notably, imposing an obligation on the police to protect the rights and freedom of every Nigerian in accordance with the Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples Rights, and other applicable laws.

HURIWA reminded the hierarchy of the NIGERIAN POLICE FORCE that a distinguishing initiative of the new police Act is the recognition of private detectives and investigators. Section 4(a)(i) of the Act provides that the Force is responsible for vetting and approving the registration of Private Detective Schools and Private Investigative Outfits. It also underlines the collaboration between the government and private security outfits in ensuring peace and order. The Rights group stated that the idea behind this provision is to remind the Police that the duty to fight crime is also the obligation of members of the civil society meaning that the police must not be seen wielding illegal powers that muzzles the constitutional rights of the citizens so the police can achieve greater good for the greater number of citizens.

HURIWA however warned against the over reliance on the controversial provision of the Act which has sparked what experts say are more than whispers of trepidation, especially amongst the Nigerian youths is Section 38(1)(a). The provision states that a police officer may, without an order of court or warrant, arrest a suspect whom he suspects on reasonable grounds of having committed an offence (unless the law creating the offence prohibits any arrest without a court order). While the good intention of this provision is somewhat visible according to observers, it is hard to reconcile this with the reality of many victims of police brutality. HURIWA has therefore cautioned the police not to behave in a way that contravene even some relevant provisions of the Nigerian Police Act such as Section 83(4.) HURIWA again warned that it is taking notes of violators of the Rights of the citizens and will act as soon as possible to bring them to justice here or in the international legal forum.

HURIWA emphasised that the police lacks the legal power to regulate public peaceful protests even as Section 83(4) of the Police Act states that a person or organisation may hold any public assembly or meeting where the public has access to, if the police HAS BEEN INFORMED beforehand . Also the police are required to PROVIDE SECURITY FOR SUCH ORGANISATION IN SUCH SITUATIONS. The Rights group therefore once more reminds the police that under no circumstances should they stop the people of Nigeria from exercising their fundamental rights to freedom of Assembly as stipulated in section 40 of the 1999 constitution which is a GrundNorm. The Rights group faulted the Lagos state police commissioner for claiming that the police will do everything within its powers to stop the protests.

“We in HURIWA agree with law experts that this posture is totally an aberration because it is unconstitutional in a democracy, which is nurtured by the observance of the rule of law and due respect for human rights. The Constitution of the Federal Republic of Nigeria, 1999, grants to every citizen the freedom of expression without interference. As stated earlier, the responsibility of the police under the Police Act, 2020, is to offer protection to citizens who embark upon peaceful, civil and lawful protests and not to threaten them,” part of the statement read. maintained that the deliberate act of the police to suppress lawful protests has no place in the country’s constitution and it should not be condoned at all.”

HURIWA stated that the police and the government generally have not to have learnt any lesson from the EndSARS protests of 2020, for the purpose of engaging citizens in lawful and constitutional ways of governing a constitutional democracy.. HURUWA condemns the Nigerian police who have reportedly attacked Nigerians who staged ‘All Eyes On The Judiciary’ protest in Abuja on Sunday afternoon .It was gathered that the unfortunate incident which resulted to the death of one protester and arrest of three others, happened at the area 1 bridge in the federal capital territory.