Right to Peaceful Assembly
The right is one which is very fundamental to the very existence of man as a political animal in society. It is entrenched in Article 20 of the UDHR, Article 21 and 22 of the ICCPR and S.40 of the 1999 constitution which states:
Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.
Thus, the right contains the freedom to assemble and associate freely with others. It is necessary to imply that such assembly must be peaceful. This is because public order supersedes the circumference of this right. Furthermore, it has been said that this right includes the right to choice of schools as well. See the case of Adewole v Jakande where a government circular which related to the closure of private schools and indicated that only public schools would be allowed in the state was held to affect this right. In the case of Salisu v Lawal, the court held that an order of a court asking a wife to return to her matrimonial home was unconstitutional in the light of this right.
The right to peaceful assembly and association is however limited under various laws, the most notorious being the Public Order Act. S.1 of the Act states that the governor of each state is empowered to issue general licenses for the conduct of Assemblies, meetings or processions in public places.
Note that lawful members of lawful assemblies are allowed to wear uniforms, provided it is not offensive or likely to occasion a breach of the peace. Also, as stated in the case of Ogeanyi v Inspector General of Police, an original assembly may be lawful but then degenerate into an unlawful purpose. Where the gathering is not for a common purpose, any ensuing affray does not necessarily make it unlawful.
S. 69 of the Criminal Code defines what is meant by “unlawful assembly” to be:
When three or more persons, with intent to carry out some common purpose, assemble in such a manner or, being assembled, conduct themselves in such a manner, as to cause persons in the neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly.
Also see S. 88 of the Criminal Code which states:
Any persons who assemble together, to the number of three or more, under any of the following circumstances-
(a) bearing or wearing or having amongst them any firearms, bows and arrows, spear, sword, knife, or other offensive weapon; or
(b) publicly exhibiting any banner, emblem or symbol, the displaying of which is calculated to promote animosity between persons of different religious faiths or different factions, or
(c) being accompanied by any music, beating of drums, or other noise calculated to promote such animosity;
and, being so assembled, join in any parade or procession for the purpose of celebrating or commemorating any festival, anniversary, or event, relating to or connected with any religious or other distinction or difference between persons residing in Nigeria or of demonstrating any such religious or other distinction or difference, are guilty of an offence.
Apart from the foregoing, it can be seen that the provisions of S.40 of the 1999 constitution state further that this right also includes the right to form or belong to any political party, trade union or other associations.
Political parties
In Alhaji Abubakar Rimi v Peoples Redemption Party, the court stated that the provisions of the constitution in this respect applies to individuals, corporate and incorporate bodies, and enables them to come together voluntarily under a political banner or leave the association as they please. See the provision of S.75(2)(c) which disallows members of the public or civil service from being registered as members of political parties. The membership of this form of association must by virtue of the provisions of S.40 of the constitution be for the protection of political interests.
The proviso to S.40 gives a statement that:
Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition
Thus, S.222 of the Constitution gives certain criteria for the registration of political parties by the Independent National Electoral Commission.
Also see S. 223 which states:
The constitution and rules of a political party shall-
(a) provide for the periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party; and
(b) ensure that the members of the executive committee or other governing body of the political party reflect the federal character of Nigeria.
Trade union
Freedom to join trade unions is reinforced by the provisions of the International Labour Organization Convention No. 87 of 1948 which has been ratified in Nigeria. S. 1(1) of the Trade Union Act which defines a Trade Union. S. 52 of the Act defines a “worker”.
There are two criteria to be satisfied for an association to be regarded as a trade union. First, it must be made up of any combination of workers or employers and secondly, the purpose must be to regulate terms and conditions of workers. In the case of Re Union of Ifelodun Timber Dealers and Allied Workers as such, the court upheld the decision of the registrar of trade unions to not register the association because its objective was related to the expansion of timber trade and welfare of all persons involved, not the relationship between employers and workers. Also see the provision of S.11 of the Act which makes it unlawful for persons to organize themselves into trade unions for the purpose of employment.
There is also the prohibition of a certain set of workers from forming a trade union e.g. members of the armed forces.