Appeal Court Quashes Public Order Act -The PUNCH -Dec 10, 2007

The Court of Appeal on Tuesday affirmed the inalienable right of Nigerians and asscociations to hold rallies without police permit. The court upheld the judgment of a Federal High Court which had, in June 2005, declared the Public Order Act, (Cap 382) Laws of the Federation of Nigeria, 1990, which requires Nigerians to obtain police permit before holding public rallies. The Act makes it mandatory for individuals or groups to apply for and obtain police permit or approval to hold rallies and peaceful assemblies.
The Court of Appeal on Tuesday affirmed the inalienable right of Nigerians and asscociations to hold rallies without police permit.

The court upheld the judgment of a Federal High Court which had, in June 2005, declared the Public Order Act, (Cap 382) Laws of the Federation of Nigeria, 1990, which requires Nigerians to obtain police permit before holding public rallies.
The Act makes it mandatory for individuals or groups to apply for and obtain police permit or approval to hold rallies and peaceful assemblies.
In its judgment, the appellate court, presided over by Justice Danladi Mohammad, held that such police approval infringed on the fundamental human rights of individuals and groups provided for in the 1999 Constitution.
“The provision of the Act are unnecessary. We are in a democracy and Nigeria has joined the league of civilised society,‘‘ Justice Olufunmilayo Adekeye, who read the lead judgment said.

The other member of the panel who gave a concurring judgment was Justice O.F. Omoleye.
The panel gave the judgment in an appeal by the Federal Government against the decision of the Federal High Court, Abuja.
The high court had, on June 26, 2005, voided the Act while giving judgment in a suit initiated by 12 political parties under the aegis of the Conference of All Nigerian Political Parties.
Justice Anwuri Chikere also issued an order of perpetual injunction restraining the Inspector-General of Police from preventing aggrieved citizens of Nigeria, including the plaintiffs from organising or convening peaceful assemblies, meetings and rallies against unpopular government policies.

For detail and source
http://saharareporters.com/2007/12/10/appeal-court-quashes-public-order-act-punch

So Lagos CP is on his own. Thank God this has come at the right time