The planned opening of the IBB Presidential Campaign Organisation had been slated for Sunday last week. Arrangements had been concluded and the former Military President was already in town for the occasion. As early as 8:00am, a mammoth crowd had gathered at the Kaduna IBB Centre to witness the occasion. Unknown to the teeming supporters of the former military ruler, the police have ordered the organisers to call off the event as it did not comply with the Public Order Act that requires organisers of such events to apply for a police permit 48 hours before the rally.
Though the arrowhead of the IBB Campaign in Kaduna, Bashir Usman Birnin Gwari, accused the Presidency and the Kaduna state Government for aborting the rally, Kaduna state Police Commissioner, Alhaji Mohammed Tambari Yabo, claimed responsibility for the cancellation of the event.
The Kaduna state Police Commissioner had argued that the request for the rally was submitted very late on Saturday at about 10 o'clock pm.
Yabo had explained that the Public Order Act was explicit about processions and assemblies of such nature, and it requires 48 hours before such an event could take place.
The Kaduna CP denied receiving any "orders from above" on the rally, saying as the Commissioner of Police in the state, he used his discretion to stop the rally from going on.
"And that was what I did. In order to avoid a clash between the Jonathan/ Sambo boys and the IBB group, I felt there was need to ensure security in the state," Yabo declared.
Birnin Gwari accused the Presidency and the Kaduna state government for being behind the cancelation of the rally.
He told the leadership of the pro-IBB groups that they were only informed yesterday that Vice-President Mohammed Namadi Sambo was still in Kaduna and, therefore, could not go ahead with the rally.
Addressing leaders of the groups, General Ibrahim Babangida said he was aware of the situation, but said everything was under control.
Babangida assured his teeming supporters that he would seek for another date to open the office as well as inaugurate the various associations in support of his ambition.
"We are law-abiding and have accepted the situation as it came and we will look for another day to come and do what we intend to do," he said.
Deputy Director-General of the IBB Presidential Campaign Organisation, Senator Kanti Bello, told the groups that they would do everything legally possible to ensure that the former military President emerges victorious at both the primaries of the Peoples Democratic Party (PDP) and the general elections in 2011.
Exhuming the Public Order Act
Despite the verdict of the Court of Appeal delivered on December 11, 2007, affirming the inalienable rights of Nigerians and associations to hold rallies without police permit, the cancelation of the IBB rally last Sunday sent shock and consternation across the country.
The decision of the Appeal Court to upheld the judgment of a Federal High Court, which had, in June 2005, which declared the Public Order Act, (Cap 382) Laws illegal, had categorically outlawed the use of police permit before rallies could be held.
The Act had made it mandatory for associations and groups to apply for and obtain police permit or approval to hold rallies and peaceful assemblies. In voiding the Act, Justice Danladi Mohammad had declared that such police approval infringed on the fundamental human rights of individuals and groups provided for in the 1999 Constitution.
According to Justice Olufunmilayo Adekeye, who read the lead judgment, "The provisions of the Act are unnecessary. We are in a democracy and Nigeria has joined the league of civilised society."
The High Court had, on June 26, 2005, voided the Act, while giving judgment in a suit initiated by 12 political parties under the aegis of the Conference of All Nigerian Political Parties (CNPP).
Justice Anwuri Chikere also issued an order of perpetual injunction restraining the Inspector-General of Police from preventing aggrieved citizens of Nigeria, including the plaintiffs from organising or convening peaceful assemblies, meetings and rallies against unpopular government policies.
According to her, the court held that the provisions of the Public Order Act (Cap382) Laws of the Federation of Nigeria (1990) were in conflict with the provision of Section 40 of the 1999 Constitution.
The CNPP had, on April 2, 2004, written to the Federal Capital Territory Police Commissioner, Mr. Emmanuel Adebayo, for a permit, in line with the provisions of the Public Order Act, (Cap 382) Laws of the Federation of Nigeria, 1990 which requires the issuance of police permit to any group wishing to embark on a rally.
The parties had wanted to know whether the provisions of the Public Order Act which prohibit the holding of rallies or processions without a police permit are not illegal and unconstitutional by virtue of Article 11 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria of Nigeria, 1990.
The CNPP had urged the court to declare that the provisions of the Act which require police permit or any other authority for the holding of rallies or processions in any part of Nigeria as illegal and unconstitutional. The court said they contravene section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement Act.)
They sought a declaration that the Inspector-General of Police was not competent under the Public Order Act or under any law whatsoever, to issue or grant permit for the holding of rallies in any part of Nigeria.
The plaintiff political parties in the case included ANPP, National Conscience Party, Peoples Redemption Party, National Democratic Party, Democratic Alternative, APGA, PAC, Peoples Salvation Party, United Nigeria Peoples Party and Community Party of Nigeria.
In the affidavit attached to the writ, which was sworn to by Maxi Okwu, the General Secretary of the CNPP, the parties had said that the IGP prevented them from staging a peaceful rally on May 29, 2003.
He averred that the solidarity rally organised by the All Nigeria Peoples Party in Kano, Kano State, on September 22, 2003, was disrupted by the Police on the grounds that no police permit was obtained.
The government team had asked the court to dismiss the suit, but the court had gone ahead to declare the Act as illegal.
Why the resort to the Act?
When the police last Sunday hinged its action on the Act, many Nigerians were asking why the force should hinged its action on an issue that had long been settled by a competent court of law
Earlier, the leader of the pro-IBB groups, Alhaji Ibrahim Yahaya, (Sarkin Yakin IBB), had expressed misgivings over the action of the police, but said that they were determined to be law abiding and not do anything that would disturb the peace of the nation.
Reacting to the cancelation of the IBB rally in Kaduna, the socio-cultural organisation for the North, the Arewa Consultative Forum (ACF), has advised the nation's security agencies "to be more discreet in matters affecting political opponents so that they would not be accused of bias as well as lead to insinuations that President Goodluck Jonathan was using his power of incumbency to his personal advantage."
Few months to the general elections, not a few political commentators are expressing fears as to why the police, unmindful of the rights of Nigerians, could go ahead and resurrect an Act that had been declared illegal.
There can be no denying the fact that the resuscitation of the Public Order Act is a deliberate attempt by the police to checkmate the bourgeoning influence of some politicians whose roles may be seen as threat to President Goodluck Jonathan to continue in office beyond 2011. If this act of impunity by the police is not checked, political pundits are of the opinion that the political space may be fraught with tension in the future.
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