Public Order Act Enforcement in Nigeria’s Fourth Republic: An Assessment of State Governors’ Reckless Interference and Implication for Opposition Politics and Democratic Stability
Keywords:
Public Order Act, Enforcement, Nigeria, Interference, State Governors, Opposition Politics, Democratic StabilityAbstract
Despite the constitutionally strategic status of state as the second tier of government in Nigeria’s federal system and the seemingly imperial position occupied by state governors in the present political dispensation; these state governors who also major as chief executives and chief security officers of their various states have in recent times been known as mainstay of corruption in Nigeria especially in the fourth republic, operating what essentially could better be described as fiefdoms under their spheres of influence. Suffice to say that the governors have always tended to represent vested interests opposed to popular democratic rules and procedures. With respect to public order act and its enforcement therefore, it’s not in doubt that the act places the buck on the Nigerian police force. Nevertheless, state governors also have roles under the law to that effect as chief security officers of their various states. Confronted by prevailing reality, with respect to public order enforcement in Nigeria, this study explored the copious and arbitrary interference of state governors and implication for opposition politics and democratic stability in the fourth republic. Available secondary evidence revealed that most state governors are averse to opposition politics and have flagrantly used their position to frustrate, hoodwink, repress and stifle opposition political parties by using the police to deny them right to use public space for rallies and campaigns under the guise of enforcing public order. This indeed has massively contravened the fundamental right to peaceful assembly as well as hampered the growth of democracy in Nigeria.
References
Egbeola, W. M. (2022). The Leadership Newspapers of December 15, 2022
Federal Republic of Nigeria (1999). The Constitution of the Federal Republic of Nigeria 1999 (as amended). Abuja: Government Printer.
Federal Republic of Nigeria (2022). The Electoral Act 2022 (as amended)
Garner, B. A. (2004). Black’s Law Dictionary Eighth Edition Henry, John Stephen, Commentaries on the Laws of England 135–136. Thompson West.
Garner, N. C. (2011). Redefining Human Rights in the Context of National Security: Implications for Democratic Stability. London: Longman Publishers.
Harrison, G. A. (2021). Human Rights Protection and Public Order Enforcement: Issues and Challenges. Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/19069/
Hoogenbloom, G. (2016). Code of Conduct for Law Enforcement Officials: Matters Arising. New York: Freedom Press.
Igila, L. (2023). The Executive Order 21 of Gov. Nyesom Wike as a product of fear, Leadership Newspapers of January 12, 2023,
International Covenant on Civil and Political Rights (ICCPR), (1966). Adopted by the United Nations General Assembly on 16 December 1966 and entered into force on 23 March 1976.
Maguire, M. and John, T. (1995). ‘Intelligence, surveillance, and informants: Integrated approaches’ Police Research Group Crime and Prevention Series, Paper 64, Home Office, London; Button.
MENA Rights Group (2017). Annual Report on Defense and Promotion of Human Rights in Middle East and North Africa.
Muhammad, JCA (2007). Inspector General of Police (IGP) v All Nigeria Peoples Party & Others, 18 NWLR 469 500 paras G-H
Nigeria Public Order Act (1979). Nigeria: Freedom of association, collective bargaining and industrial relations Public Order Act 1979 (No. 5) (Chapter 382).
Oguonu, C. N. (2019). Public Order Act and Peaceful Protest in Nigeria, University of Nigeria, Nsukka.
Olabode, G. (2011). Executive Recklessness and Respect for Rule of Law in Nigeria: Threat to Opposition Politics and Democratic Sustainability. University of Ilorin, Kwara State.
Organization of African Unity (now African Union) (1981). African Charter on Human and Peoples’ Rights. Adopted by Eighteenth Heads of States and Governments June 1981, in Nairobi Kenya.
Rafsanjani, A. M. (2022). Call for Level Playing Ground for all Political Parties. Leadership Newspapers of November 17, 2022,
Rotimi, O. (2022). Incumbency Factor and Clampdown on Opposition. Exclusive Report by the Leadership Newspapers of December 11, 2022
Sahara Reporters News (2022), The Nigerian Police Boss, Baba accuses Governors of sponsoring thugs to attack opposition parties, New York November 18.
Socio-Economic Rights and Accountability Project (SERAP) (2022). Alarm on Intimidation of Opposition Parties. The Daily Trust Newspapers of November 22, 2022
Tamuno, T. (2020). Right to Public Assembly as a Fundamental Right. The Punch Newspaper s Report of October 12, 2022
United Nations (1990) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. United Nations Human Rights Office of the Commissioner.