By virtue of Section 40 of the 1999 Constitution of Nigeria altered and Article 11 of the African Charter, it expressly provided for the right to freedom of assembly.

One of the feature of any democratic state is FREEDOM. This freedom is not unlimited, it has some exceptions where the freedom of a person can be derogated. However, looking at a peaceful protest or assembly, such freedom can’t be denied by the constitution because it’s a backbone in any state practicing true democracy. The #EndSars protest carried out by some youth in the country for some days ago is part of their right guaranteed by the constitution and NO person be it the Government, Police or any other security agency or body of individuals can deprive them of this fundamental right.

The right to peaceful assembly received judicial approval in the case of Abubakar v Attorney-General of the Federation (2007) 3 NWLR (Pt 1022) 601, the court held that by virtue of section 40 of the CFRN, every person is given the right to assemble freely with another person, and this right is untrammeled.

In Hubbard v Pitt, Lord Denning affirmed the right to assembly when he stated that such is right to assembly, so also is the right to meet together, to go in procession, to demonstrate and also protest on a matter of public concern. As long as all is done peacefully and in good manner without threat or incitement to violence or obstruction to traffic is not prohibited.

Therefore, the #EndSars protesters have the right to continue their peaceful protest. However, their protest should not disturb the public road, it shouldn’t cause or bring about traffic and it shouldn’t be a threat to members of the street.

Thank you.

I am Enebeli Goodluck, a 300 Law students at Lead City University, Ibadan and also the current Director of Studies of Achievers City College, Lagos (an A’level Study Centre). You can reach out to me via

email: [email protected]