A REJOINDER TO THE ONDO STATE POLICE COMMAND’S SMEAR CAMPAIGN AND MISINFORMATION ON THE ARREST OF PEACEFUL PROTESTERS.
The Ondo State Police Command has issued a press release on the arrest of the governorship candidate of AAC and other peaceful protesters on the 10th of August, 2024 in Akure. It is important to remark that the release is a deliberate distortion of the true facts in order to give the dog a bad name to see to the possibility of sacrificing it.
In setting the record straight, it is imperative to expose the baseless allegations that the Nigerian Police Force is attempting to trade with in the public domain in what appears to be a calculation to court public support to justify their illegal acts.
Contrary to the Ondo State Police Command’s claims, the TIB Movement did not seek the permission of the Commissioner of Police to hold the protest. The letter addressed to the Commissioner of Police on the 9th of August, 2024, merely informed the Nigeria Police Force of the protest and requested police presence as a gesture of guarantee of the peaceful nature of the protest. The issue of venue was not to take directives or orders from police on where the protesters must gather but to extend hand of transparency to the police for both the protesters and the police to know the take off point. This letter was received by the Office of the Nigeria Police Force at 2:48 PM, not 5:30 PM as falsely claimed by the police.
On the day of the protest, the TIB comrades gathered at NEPA Roundabout in Akure. Despite not receiving any further communication from the Commissioner of Police, they proceeded peacefully with their demonstration, carrying placards and banners clearly outlining their grievances. The protesters were later informed by a police officer, Inspector Monehin, that the Commissioner had approved Arcade Arena as the venue for the protest. In compliance with this information, the protesters began moving towards the designated venue under police escort.
By section 1(1), Public Order Act, it is the government of each state that is empowered “to direct and conduct all assemblies, meetings and processions of the public roads or places of public resort of the state and prescribe the route by which and the time at which any processor may pass”. And under section 4, of the Act, any such unlicensed assembly may be dispersed by the police, “a superior police officer,” which may be interpreted to mean a superior police officer in the state, which may mean the state commissioner of police or his agents. This is the law that gave birth to the old regime of“police permit”especially when such gathering is perceived to be oppositional to the government of the day. But the concept of“police permit has been declared to be in violation of section 40 of the constitution in the case of ANPP V. IGP, a case instituted over the violent disruption of the solidarity rally held in Kano on September 22, 2003 which allegedly led to the death of Dr. Chuba Okadigbo. And Court said in that case, that;
“the public order Act does not only impose limitation on the right to assemble freely and associate with others, which right is guaranteed under section 40 of the 1999 constitution; it leaves unfettered discretion on the whims of certain officials including the police. The public order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration is an aberration to a democratic society. It is inconsistent with the provisions of the 1999 constitution. The result is that it is void to the extent of its inconsistenc.”
So Police Permit is dead under our law and any arrest or detention made pursuant to failure to obtain or comply with police permit or directive is illegal and unconstitutional.
Thee Nigeria Police Force, in a desperate attempt to justify their unlawful actions, are now labouring to divert from the real issue and trying to manufacture imaginary offences like cultism, Cybercrime and treasonable felony on the ground that the TIB Movement’s beret insignia looks like symbol of cultism.
Funnily enough recently the supporters of the governor of Ondo State, Governor Lucky Ayedatiwa adopted red beret as campaign insignia and they have adorned the beret anywhere the governor went and the police have guarded those gatherings with the excitement. These accusations are not only absurd but also entirely unsubstantiated.
They are red herring and smear campaign in the attempt to chop for explanations why they have to arrest peaceful protesters who did no harm to the public than merely exercising their constitutional rights. The logo of the TIB Movement bears no resemblance or affiliation to any cult group, and the use of the term “Revolution” which they are now also redefining to fit a narrative of treasonable felony, despite its legitimate and widely accepted use in the context of social and political change, is laughable, dry, uncreative, unintelligent and childish.
Demand for Immediate Release
The narrative being pushed by the police is disgraceful, unfounded and we are confident that the Nigeria Police Force has no single shred of evidence of those phantom incriminations against the arrested protesters and it is s simply engaging in a smear campaign to steal into public opinion to appeal to public sympathy and silence dissent.
We hereby demand the immediate and unconditional release of all seven members of the Take It Back Movement who are currently being unlawfully detained by the Ondo State Police Command.
SGD
Tope Temokun
Lawyer and Human Rights activist.
August 11, 2024!