of the rights and not to restrict it. See ACHPR Guidelines on Freedom of
Association and Assembly in Africa, paragraph 71. This invariably means
that a positive obligation is placed on the State to ensure that the right to
assembly is effectively exercised.
62.It is also pertinent to state that “participating in and organizing assemblies
is a right and not a privilege, and thus its exercise does not require the
authorization of the state. A system of prior notification may be put in place
to allow states to facilitate the exercise of this right and to take the necessary
measures to protect public safety and rights of other citizens.” See ACHPR
Guidelines, Paragraph 71 (Supra). AMNESTY INTERNATIONAL AND OTHERS
V. SUDAN, COMMUNICATION. NOS. 48/90, 50/91, 52/91 AND 89/93 (1999),
PARAGRAPHS. 81-82.
63.Furthermore, lack of notification prior to an assembly does not render such
an assembly illegal, and isolated acts of violence does not render an
assembly as being non-peaceful. See ACHPR Guidelines paragraph 71
(Supra). The import of these principles is that great latitude is conferred on
citizens in the enjoyment of their right to freely assemble while a greater
responsibility is imposed on State to permit the enjoyment of the right with
minimal restraint.
64.In the instant case, the Current Applicants alleged that they gathered
together at the Museum in Benin Edo State to commence a protest against
the hike in the price of petrol and cement. Unfortunately the security forces
comprising the Police, Department of State Security Services, the National
Civil Defence Corps and local vigilante group locked them in in the
premises of the Museum Ground wherein they assembled to plan their rally,
thereby preventing them from continuing with their arrangement or even
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