RULAAC faults FCT police advisory, insists NLC protest is a constitutional right

Michael Olumide

Rule of Law and Accountability Advocacy Centre (RULAAC) has expressed serious concern over a recent advisory issued by the Federal Capital Territory (FCT) Police Command urging the Nigeria Labour Congress (NLC) to reschedule its planned peaceful protest, citing alleged security concerns.

In a press statement signed by its Executive Director, Mr. Okechukwu Nwanguma, RULAAC acknowledged the constitutional responsibility of the Police to protect lives and property but warned that the advisory—despite its conciliatory tone—amounts in substance to a prior restraint on the constitutionally guaranteed right to peaceful assembly.

According to RULAAC, the right of citizens to assemble and protest peacefully is clearly protected under Section 40 of the 1999 Constitution of Nigeria (as amended), as well as Articles 10 and 11 of the African Charter on Human and Peoples’ Rights, which forms part of Nigerian law.

“These rights do not require police permission, nor may they be suspended based on speculative or undisclosed intelligence,” the organisation stated.
RULAAC further noted that Nigerian courts, including the Supreme Court, have consistently affirmed that the role of the Police is not to prohibit, postpone, or discourage peaceful protests, but rather to facilitate and secure them.

The organisation expressed particular concern over what it described as a recurring pattern in which security agencies rely on vague claims of possible infiltration by “non-state actors” to justify advising the suspension or postponement of lawful protests.

According to RULAAC, the mere possibility of criminal infiltration does not invalidate a peaceful protest. Instead, it triggers a duty on the Police to deploy professional, intelligence-led policing to isolate and address any unlawful conduct.

“Transferring the burden of potential security threats to protest organisers undermines constitutional freedoms and risks shrinking Nigeria’s civic space,” the statement warned.

RULAAC reiterated that the right to protest includes the freedom to determine the time, place, and manner of such protest, subject only to lawful, necessary, and proportionate restrictions.

It stressed that the Police are obligated to provide security for lawful protests, even when such protests are inconvenient or critical of government policies.

The organisation added that any restriction on the right to protest must meet strict constitutional tests of legality, necessity, and proportionality, warning against arbitrary or pre-emptive limitations.

As part of its recommendations, RULAAC called on the FCT Police Command to refrain from issuing advisories that may discourage or delay lawful protests, and instead engage constructively with the Nigeria Labour Congress to agree on appropriate security arrangements.

It also urged the Police to deploy adequate personnel to protect protesters, other residents of the FCT, and public infrastructure, while ensuring that the policing of any protest is professional, restrained, and fully compliant with human rights standards.

“Public safety and fundamental freedoms are not mutually exclusive,” RULAAC stated. “In a democratic society, the proper response to a planned peaceful protest is not postponement, but protection.”

The organisation reaffirmed its solidarity with Nigerian workers and all citizens exercising their constitutional right to peaceful assembly, urging the Police to fully uphold their mandate under the Constitution and the law.