Contributor: Victor Atang
INTRODUCTION
The right to freedom of assembly is a fundamental human right that allows individuals to gather peacefully for collective expression, protest, or advocacy.[1] It is one of the characteristics of democratic societies, enabling public participation in political and social issues.[2]
Freedom of assembly, whether political protests, cultural parades, online gatherings, or some others form the platforms to advocate for change and raise awareness about the issues that matter to them such as human rights, socio-economic rights, or any other issues. It is enshrined in the Constitution of the Federal Republic of Nigeria (CFRN) 1999.[3] The freedom to assemble peacefully is a fundamental right protected by international, regional, national, and even local legal instruments.[4] The State should enable and protect the exercise of this fundamental right by various means, including supportive legal frameworks. However, it is subject to reasonable restrictions to maintain public order, national security, and protect the rights of others.
This article examines the right to freedom of assembly in Nigeria, the constitutional restrictions on these rights and the challenges facing the enforcement of this right in light of recent trends.
The Right to Freedom of Assembly under the CFRN 1999
The right to freedom of assembly is a constitutional right provided for in the CFRN 1999. The CFRN provides that generally, every person is 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.[5] The purport of this provision is that a person is entitled to form an association or gathering in so far as such association is a “peaceful” one. Thus, the keyword being peaceful, presupposes that where an association or assembly is formed for a purpose which is not peaceful, then the right accorded by the CFRN 1999 on freedom of assembly cannot be extended to such gathering or association.
Also, the CFRN mention some examples of associations that can be formed or that a party can belong to such as trade unions and political parties. It is worthy of note that these gatherings expressly mentioned by the CFRN is not exhaustive. In other words, the CFRN went further to stipulate that a person can form “any other association for the protection of his interests.”[6]
However, the provision of the CFRN with respect to the right to freedom of peaceful assembly is not without restriction in the CFRN. It provides that the provisions of section 40 of the constitution shall not derogate from the powers conferred by it on the Independent National Electoral Commission (INEC) with respect to political parties to which INEC does not accord recognition.[7]
From the foregoing, in as much as the citizens of Nigeria have the right to form a peaceful assembly; political party as in this case, the INEC, which is the Commission formed for the registration of political parties in accordance with the provisions of the CFRN, [8] may refuse to accord recognition to a political party. For instance, where the names and addresses of a party’s national officers are not registered with the INEC, the latter may refuse to accord recognition to that association as a political party.[9]
The Right to Freedom of Assembly under the Trade Union Act (TUA) 2004[10]
Trade unions are formed to protect workers’ rights, improve working conditions, and advocate for fairness. By virtue of the TUA, a trade union is a combination of workers or employers whether temporary or permanent, the purpose of which is to regulate the terms and conditions of employment, regardless of whether this combination would be considered unlawful under other laws due to any of its objectives restricting trade, and regardless of whether its goals include providing benefits for its members.[11]
Where an association is formed for the purposes of operating as a trade union, it shall not perform any act in furtherance of the purpose for which it is formed except it is registered. Thus, a trade union must be officially registered before it can take any action to achieve its goals. If an association is created to function as a trade union, it cannot operate until it completes the registration process.[12]
African Charter on Human and Peoples’ Rights provides for Right to Freedom of Assembly 1986
The Convention states that “every individual shall have the right to assemble freely with others.[13] The exercise of this right shall be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics, and rights and freedoms of others.” This provision ensures that individuals can gather peacefully for various purposes, such as expressing opinions, organizing protests, or forming associations. However, the exercise of this right is not absolute as it can be restricted for such purposes as provided by the law.
Universal Declaration of Human Rights (UDHR) 1948
The UDHR is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings.[14] The UDHR provides that everyone has the right to freedom of peaceful assembly and association.[15] In furtherance to this, no one may be compelled to belong to an association. Thus, while everyone has a right to freedom of peaceful assembly, no one can be forced to join an association against their will. This article ensures that individuals have the liberty to collaborate freely, while also safeguarding their right to refuse membership in any group.
Challenges to the Enforcement of the Right
- Law Enforcement Practices: Overzealous policing and the use of force to disperse peaceful assemblies can violate individuals’ rights and deter future gatherings. There are times when the police require the issuance of police permits for rallies but the court has held that the issuance of police permits for rallies, or any other assembly is not a requirement for the exercise of this right.[16] Also, law enforcement agencies in Nigeria on several occasions during peaceful protests violate the rights of citizens who have gathered together to express their grievances to the government.
- Illiteracy: The inability to read and write constitutes a serious challenge to the enforcement of Fundamental Rights in Nigeria. A good number of the people in Nigeria are illiterate and can not appreciate or understand what rights they have.[17] Thus, this can hinder the exercise of a person’s right to freedom of peaceful assembly.
- Lack of awareness: This presents a significant challenge to the right to freedom of peaceful assembly, for example, in the formation of trade unions. When workers are not fully informed about their legal rights, they may be unaware that they have the right to organize, form a union, and collectively bargain for better working conditions. This lack of knowledge often stems from inadequate education on labour rights, poor communication of legal protections, or deliberate efforts by employers or governments to suppress such information.
- Public Sentiment: Negative public perception of certain assemblies can lead to societal pressure against exercising the right to assemble, thus, affecting participation and enforcement.
- Also, lengthy and rigorous court processes may hinder a person whose right to freedom of peaceful assembly has been infringed, from taking legal steps to redress the wrong done to him.
Conclusion
The right to freedom of peaceful assembly in Nigeria is a fundamental aspect of democratic governance, enshrined in Section 40 of the CFRN 1999. It allows individuals to gather peacefully and express their views on various societal issues. However, this right is not absolute, as it is subject to limitations in the interest of public order, safety, and national security. Nonetheless, the judiciary has played a crucial role in protecting this right, reinforcing the need for balance between individual freedoms and societal interests.[18] As Nigeria continues to evolve democratically, the protection and promotion of the right to freedom of assembly remain important in bringing about inclusive participation, transparency, and accountability in governance, while ensuring the maintenance of law and order.
SNIPPET
The right to freedom of assembly is a fundamental human right that allows individuals to gather peacefully for collective expression, protest, or advocacy. It is one of the characteristics of democratic societies, enabling public participation in political and social issues.
KEYWORDS
Freedom of peaceful assembly, human rights, democratic society, advocacy, freedom of expression.
- ‘What is Freedom of Assembly and how can I Identify a Breach to my Rights?’, <https://nigeria.action4justice.org/legal_areas/freedom-of-assembly/right-to-freedom-of-assembly/#:~:text=This%20means%20that%20it%20is,or%20hold%20a%20peaceful%20protest.> accessed 22nd September, 2024. ↑
- Ibid. ↑
- Cap C23 Laws of the Federal Republic of Nigeria 2004. ↑
- ICNL, ‘Freedom of Assembly’, <https://www.icnl.org/our-work/freedom-of-assembly> accessed 22nd September, 2024. ↑
- CFRN 1999, s 40. ↑
- Ibid. ↑
- Ibid. ↑
- Ibid, Par 15 of pt 1 of the Third Schedule. ↑
- Ibid, s 222(a). ↑
- Cap T14 LFN 2004. ↑
- TUA 2004, s 1. ↑
- Ibid. ↑
- ACHPR 1986, Art 11. ↑
- Wikipedia, ‘Universal Declaration of Human Rights’, https://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights accessed 22nd September, 2024. ↑
- UDHR 1948, Art 20. ↑
- Inspector General of Police v. All Nigeria People’s Party (2008) 12 WRN 65. ↑
- Gamzhi, CM, ‘Challenges of Enforcement of Fundamental Human Rights under the Constitution of the Federal Republic of Nigeria, 1999’, http://www.nials-nigeria.org/projects/CHALLENGES%20OF%20ENFORCEMENT%20PROJECT.pdf accessed 22nd September, 2024. ↑
- Imam, I, ‘The Impact of the Nigerian Judiciary on the Nigerian Social and Economic Development’, <https://www.ajol.info/index.php/naujilj/article/view/183679/173036> accessed 22nd September, 2024. ↑
