73. Finally the media reports confirm the Applicants’ allegation that the above
named security agents locked up the protesters in the Museum premises,
whilst those outside were prevented from entering the venue.
74.The above facts support the Current Applicants’ narration of the alleged
events and the Court is therefore satisfied that they have proved that they
indeed gathered at the Museum on the date alleged and that security agents
disrupted and prevented the protest from going on.
75.Having established that the facts as alleged by the Applicants have been
proved, the Court will now proceed to examine the alleged violations to
determine whether same have equally been proved
76. As earlier stated, the right to freely assemble though guaranteed by Article
11 of the Charter is not absolute and provides thus, “...The exercise of this
right shall be subject only to necessary restrictions provided for by law, in
particular those enacted in the interest of national security, the safety,
health, ethics and rights and freedoms of others.”
77. As also earlier stated, the purpose of any interference by Government is to
facilitate and not to prevent or restrict the right, as steps taken relative to the
rights to freedom of assembly shall have the primary purpose of enabling
the exercise of the rights and not to restrict it- paragraph 71 of the ACHPR
Guidelines on Freedom of Association.
78.The pleadings of the Applicants did not indicate the reason given by the
security agents for interfering with and dispersing the gathering. It is
however, their contention that the Respondent failed to promptly
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