Falana calls for police officers to be arrested and prosecuted over pensioners’ rally disruption

Senior lawyer Femi Falana has called on Nigeria’s inspector-general of police to arrest and prosecute officers accused of violently disrupting a peaceful pensioners’ rally in Alausa, Ikeja, Lagos State.

Falana said the incident violated the protesters’ constitutional right to assemble and demonstrate against government policies. The pensioners were protesting what he described as the Lagos State Government’s failure to pay their pensions when due.

In a statement, Falana cited the Court of Appeal decision in Inspector General of Police v All Nigerian People Party, a 2008 case that upheld the cancellation of police permits as a requirement for rallies. The judgment described rallies and placard demonstrations as expressions of views on issues affecting government and citizens.

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A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a tread recognized and deeply entrenched in the system of governance in civilized countries, it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.

Falana also referred to the Nigeria Police Force Establishment Act 2020. He said the law requires the police officer responsible for an area where a rally, meeting or procession takes place to mobilize personnel to provide security for the gathering. He characterized the alleged disruption as both a violation of protesters’ rights and a breach of section 83(4) of the law.

“We call on the Inspector-General of Police to arrest and prosecute the police officers who violently disrupted the peaceful rally and thereby inflicting intentional physical bodily injury on the protesters without any legal justification whatsoever,” Falana said.

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We call on the Inspector-General of Police to arrest and prosecute the police officers who violently disrupted the peaceful rally and thereby inflicting intentional physical bodily injury on the protesters without any legal justification whatsoever.