Sweet and Sour

January 24, 2014

Police permits

Police permits

*Protesters in support of CP Mbu demonstrating on the Aba road in Port Harcourt, yesterday

By Donu Kogbara

LAST week, I commented on a political rally that resulted in a major clash between the police and supporters of Rivers State Governor, Rotimi Amaechi.

Senator Magnus Abe, a staunch Amaechi loyalist who happens to come from my area (Ogoni), was said to have been seriously injured during the fracas.

I criticised the police for being heavy-handed and chided Abe for attending a rally that had not been sanctioned by the law enforcement authorities. I expressed the view that Abe, a legislator and lawyer, should have known better.

I took a dim view of Abe’s involvement for two reasons:

a. A member of the Amaechi/Abe camp had told me that he and his colleagues had defiantly gone ahead with the Port Harcourt rally, even though their application for a police permit had not been approved,

b. A member of the anti-Amaechi camp had told me that his faction always applied for police permits before it hosted large public gatherings…and had obediently complied when permission had been withheld in the past

Several Vanguard readers have subsequently contacted me to say that police permits are not compulsory within this context. Two examples:-

From: John Aikpokpo-martins Esq <[email protected] >

I have always admired your fearless exposition of the truth in your articles, even when many are scared to express their real opinions about burning issues…. However, you displayed a gross misunderstanding of the laws guiding the legality or otherwise of the actions of the police and/or rally organisers.

The law is that no person or group of persons need a police permit to assemble…it is their unqualified right to hold that rally without even informing the police.  Abe had a right to organize/address that rally; and I daresay that he exercised his discretion wisely by being there, as there was no reason not to have been…

+2348055008472 Anonymous

Dear Donu, no permit is required for any person or group to hold a rally in Nigeria, according to section 40 of the 1999 constitution, which was reaffirmed in a Supreme Court judgment. So can you please tell me where the Nigerian police force is deriving its power from?

I then received a call from Dr. Yemi Ogunbiyi, my former boss who used to be CEO of Daily Times. He told me that I had “misfired” on the permit issue.

Confused, I got back to the anti-Amaechi guy (who also happens to be a lawyer), to query his insistence that anyone who wants to hold a rally must get a permit before hand. He said that the police are entitled to forbid or postpone any event they regard as potentially detrimental to the maintenance of law and order.

Whatever the truth may be on a purely legal or wider level, I and most of the Rivers indigenes I know are furious about the ongoing tension and praying that warring elements eventually settle their differences and allow us to have peace.

Another complaint

Eddy Ibrahim Mark ([email protected] ), a former secretary general of the Nigerian Bar Association who comes from the same part of Rivers State as Amaechi, objected to some of the comments I made in last week’s column.

I don’t agree that the Police used excessive force because from Police accounts the senator dared them with suspected political thugs surging towards them and the only alternative was to disperse the advancing thugs with tear gas. I also don’t agree that the President has anything to do to stem the tide of descent into lawlessness. He has been wrongly accused of being responsible for the political upheaval in Rivers State.

Political gladiators

At any available fora, Rotimi Amaechi has used it to thoroughly abuse the office and person of the President. The political gladiators are well known and the constant attempt to drag the President into the theatre of war is nonsensical and out of place. The despicable show of shame by a distinguished senator should be condemned.

Daft attackers!

I have made many positive remarks about Dr Goodluck Jonathan on this page since he became Vice President in 2007. Even when I grumble about his leadership style, my criticisms are constructive and I make it clear that I regard him as a Big Brother and want him to do well.

So I really don’t understand why some folks insist on accusing me of being an irredeemably hostile anti-Jonathan element!  As far as I’m concerned, a true friend is one who harasses you to ditch your weaknesses, maximize your strengths, put your mistakes behind you and fulfill your potential.

As far as I’m concerned, the last thing Jonathan needs is sycophantic praise-singers who tell him that he is always right, even though it is obvious to anyone with half a brain that he sometimes (like all human beings) gets it very wrong!