Respondent’s security forces, that is, the police, Department of State
Security Services (DSS) and the Nigeria Security and Civil Defence Corps
(NCDC) locked them inside the premises of the Museum for hours while
those who came later were not allowed to enter the premises. This action of
the security forces of the Respondent frustrated the Current Applicants’
planned rally having been prevented from carrying out the lawful protest.
Exhibits B, C, D, E, F & G.
54.They conclude that the Respondent is in violation of their rights to peaceful
assembly as provided in the African Charter, the ICCPR and Constitution
of the Federal Republic of Nigeria, the ACHPR Guidelines on Freedom of
Association and Assembly in Africa 2017 and Guidelines for the Policing
of Assemblies by Law Enforcement Officials in Africa 2017.
Analysis of the Court
55.As earlier held, this analysis is only in respect of the second to fourth
Applicants who are now referred to as the Current Applicants.
56.Article 11 of the African Charter guarantees the right to freely assemble
with others. It provides thus: “Every individual shall have the right to
assemble freely with others. 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.”
57. The right to freely assemble is also guaranteed under Article 8 of the
African Charter on the Rights and Welfare of the Child; Article 20(1) of the
Universal Declaration of Human Rights, Article 21 of the International
19