Protesters, top, Falana, right and Pedro.

Mr Femi Falana, a Senior Advocate of Nigeria (SAN) has written a letter to Lawal Pedro, Honourable Attorney-General and Commissioner for Justice, Lagos State on the restriction of protesters to Gani Fawehinmi and Peace Parks.

Falana went down memory lane on how protests in Abuja and Lagos went out of hand as they were hijacked by hoodlums. However, as he argued, after the horrible experience, the  law on public  meetings, rallies and protests was amended in accordance with the directive of the Court of Appeal in the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65. Thus, section 83(4) of the Police Establishment Act provides as follow:

“Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession.”

According to Falana, “Notwithstanding that the Federal High Court has restricted the protesters to the Gani Fawehinmi Freedom Park and the Peace Park, you have a duty, as the Chief Law Officer of the State to direct the Police to arrest the thugs who are currently intimidating unarmed protesters without any further delay. In particular, those who are promoting hatred among our oppressed people should be called to order forthwith.”

Below is the letter:

July 31, 2024

Lawal Pedro Esq. SAN,

Honourable Attorney-General

& Commissioner for Justice,

Ministry of Justice,

The Secretariat,

Alausa, Ikeja,

Lagos State.

RE:          ORDER TO CONFINE PROTESTERS TO GANI FAWEHINMI PARK AND PEACE PARK

Our attention has been drawn to the ex parte order obtained by the Lagos State Government from the Federal High Court on July 30, 2024, in respect of the proposed protests by the #endbadgovernance protesters. The order has directed that the protesters be confined to the Gani Fawehinmi Park at Ojota and Freedom Park at Ketu in Lagos State.

As you are no doubt aware, the January Protests in January 2012 against removal of fuel subsidy was confined to the Gani Fawehinmi Park, Falomo Roundabout and other parts of the Lagos Metropolis. But two persons were killed in Lagos when a Divisional Police Officer attached to the Pen Cinema Police Station shot at some youths who took the opportunity of the absence of traffic to play football on the road. 10 other unarmed protesters were killed in Kano and Benin even though the protests were peaceful.

Similarly, the #endsars protests of October 2020 were restricted to Alausa and Lekki Toll Gate. But thugs attacked the unarmed protesters at Alausa while soldiers killed scores of protesters at Lekki and other parts of Lagos were treated like sacred cows.

Unfortunately, the thugs who were not arrested by the police at Alausa turned round to destroy police stations and killed policemen. They also attacked and burnt the Lagos State High Court Complex at Igbosere and other properties of government and some private citizens. Even though a number of the criminal elements who caused the mayhem were belatedly arrested the Nigerian army and the police massacred scores of unarmed citizens including the #endsars protesters.

In the Federal Capital Territory, thugs attacked protesters and set the cars of their leaders ablaze. Even though the thugs were overpowered by the protesters, security forces refused to arrest them in some other cities, the carnage that occurred during the protests were encouraged by the security forces in the desperate bid to end the peaceful protests.

However, after the horrible experience, the  law on public  meetings, rallies and protests was amended in accordance with the directive of the Court of Appeal in the case of Inspector-General of Police v All Nigeria Peoples Party (2008) 12 WRN 65. Thus, section 83(4) of the Police Establishment Act provides as follow:

“Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to, the police officer responsible for the area where the meeting, rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession.”

Having successfully fought and won the legal battle for the constitutional right of Nigerian citizens to assemble and protest peacefully, the leaders of a number of civil society organisations have advised the organisers of the protests to conduct themselves in a peaceful manner. At the same time, we have enjoined the Police Authorities to provide adequate security for the protesters.

Notwithstanding that the Federal High Court has restricted the protesters to the Gani Fawehinmi Freedom Park and the Peace Park, you have a duty, as the Chief Law Officer of the State to direct the Police to arrest the thugs who are currently intimidating unarmed protesters without any further delay. In particular, those who are promoting hatred among our oppressed people should be called to order forthwith.

A switch in time saves nine!

Yours Sincerely,

FEMI FALANA SAN