Legal practitioner Taiwo Adedeji, Esq., has strongly criticized Lagos State Attorney General Mr. Lawal Pedro (SAN) for his recent statement advising protesters to limit their #FearlessInOctober demonstration slated for October 1, to Gani Fawehinmi Park in Ojota. In a firm response, Adedeji argued that this restriction violates the Constitution and undermines citizens’ fundamental rights, insisting that such a move is both illegal and contrary to judicial rulings.
Adedeji emphasized that the Attorney General’s role is to advise the government on legal matters in a way that upholds the law, not to bend it to suit government interests. “With the greatest respect to the learned Attorney General, he is wrong and very wrong,” Adedeji said.
He cited the 1999 Constitution of the Federal Republic of Nigeria, specifically Sections 39 and 40, which guarantee freedom of expression and the right to peaceful assembly. Section 39(1) of the Constitution states, “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” In a similar vein, Section 40 provides for the right to freely assemble and associate with others to protect one’s interests.
“This Constitution is clear,” Adedeji asserted, “and any attempt to restrict peaceful protesters violates these fundamental rights.” He further noted that the courts have previously upheld these constitutional provisions. One landmark case he highlighted was Inspector General of Police v All Nigeria Peoples Party, in which the Court of Appeal upheld a Federal High Court decision declaring that the requirement for police permits to organize protests is unconstitutional.
The Federal High Court had earlier ruled that “The Public Order Act, insofar as it requires the issuance of a police permit as a condition precedent to the holding of rallies or processions, is inconsistent with Section 40 and the Constitution, and to that extent, it is null and void.”
Responding to the Attorney General’s argument that constitutional rights are not absolute, Adedeji argued that the government should not resort to illegal actions in its attempts to limit the scope of these rights. “If the rights are not absolute, shall we then resort to illegality in an attempt to limit the ambit of the applicability of the rights?” he questioned.
As Nigeria approaches the October 1st protest date, this clash between the legal perspectives of Adedeji and the Lagos State Attorney General raises important questions about the boundaries of citizens’ rights to peaceful assembly and expression in the country.
Seunmanuel Faleye is a brand and communications strategist. He is a covert writer and an overt creative head. He publishes Apple’s Bite International Magazine.
