What the Constitution Says About Public Remembrance and Peaceful Protest

Nigeria’s 1999 Constitution guarantees freedom of expression and the right to assemble peacefully. Sections 39(1) and 40 protect every person’s ability to hold opinions and to gather for lawful purposes without interference. These rights are not absolute. Section 45(1) allows reasonable restrictions in the interest of defence, public safety, public order, public morality, or public health. Any regulation must be lawful, necessary, and proportionate. The Court of Appeal ruling in Inspector-General of Police v. ANPP (2007) made clear that police permits for peaceful assemblies are unconstitutional. Citizens may protest and remember events, but peaceful conduct must prevail. Incitement or violence lies outside constitutional protection. Preserving the rule of law depends on both citizens and the State respecting constitutional boundaries. Peaceful, lawful engagement strengthens democracy.

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