The rally was held in Abuja last Thursday and it was organised by the National Council of Women Societies in conjunction with the President’s wife’s office. The National Council of Women Societies is a voluntary, non-partisan, non-religious, non-ethnic, and not-for-profit organization for the development of women, children, and the society. The Nation Council of Women is the umbrella body for women organizations in Nigeria; they are affiliated to the International Council of Women (ICW). They promote the economic, social welfare and wellbeing of women and children in general. The allegation by the All Progressives Congress that the Presidency violated the Independent National Electoral Commission’s rule which bars political parties and aspirants from campaigning for the 2015 elections was countered by the President’s Special Adviser on Political Matters, Ahmed Gulak who stated that the rally was basically for the promotion of peace considering the security challenges militating against the country.
However, it is ironical and paradoxical that the so called rally featured women clad in specially-made ‘ankara’ that bore the picture of President Jonathan which gives one the urge for some explanation from the National Council of Women Societies. The question is, was it a rally or a campaign?
Whatever one’s take is on this ‘’rally’’ or ‘’campaign’’, the legal question that arises is whether or not Patience Jonathan, or indeed, any other Nigerian has a right to hold a peaceful assembly. The answer is in the affirmative which is guaranteed under Sections 39 and 40 of the Constitution of the Federal Republic of Nigeria which gives citizens of Nigeria the constitutional right to a freedom of expression and peaceful assembly. This is a guaranteed right and hence people may assemble peacefully.
The right to freedom of expression and assembly are the backbone of any democratic form of governance. A number of our court cases have endorsed those rights, least of all, the All Nigeria Peoples Party (ANPP) Vs. Inspector General of Police (IGP) case decided by the Court of Appeal in 2007. The only time such a right can be withheld/suspended is when a state of emergency is declared.
This article was submitted by Seun, a legal practitioner with Askthelawyeronline.com
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