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#EndSARSMemorial: Only Governors Have Power Over Rallies- Falana Tackles Police

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Femi Falana, human rights lawyer and a senior advocate of Nigeria (SAN), says state governors; not the police are in charge of rallies.

Falana said no police permit is required for the conduct of public protests by the citizenry, except for the governor’s permit.

He made the assertion on Tuesday  amid threats by the police and other security agencies to disrupt the planned events to commemorate last year’s October 20 #EndSARS protests.

Falana said this at the commemorative lecture and public presentation titled, ‘One year after Endsars, 35 years after Dele Giwa and the quest to remake Nigeria’.

The Lagos State Police Command had said it would not tolerate any public gathering to commemorate the first anniversary of the #EndSARS protests.

Commenting on the development, Falana said it is the right of Nigerians to protest without license or permit issued by the police.

Nigerians had, in October 2020, protested against the now-disbanded Special Anti-Robbery Squad (SARS), a lawless unit of the Nigeria Police Force.

The protest, tagged #EndSARS, was later hijacked by hoodlums, leading to killings and destruction of public buildings.

SaharaReporters had reported that there was a growing momentum towards Wednesday’s memorial #EndSARS protests nationwide to honour the victims of police killings and demand good governance.

Falana, in a statement on Tuesday, said, “The defunct All Nigeria Peoples Party applied to the Nigeria Police Force to hold rallies protest the alleged rigging of the 2003 general elections.

“The application was turned down by the Police Authorities. Convinced that the action of the Police could not be justified, the ANPP proceeded with the plan to hold the rallies. The first in the series of the rallies which held in Kano on September 22, 2003, was attended by the leaders of the party, including General Muhammadu Buhari (as he then was).

“Even though the rally was peaceful, it was violently disrupted by the police. To put an end to such crude violation of the freedom of citizens to convene rallies without official harassment, the ANPP and 10 other political parties instructed our law firm to challenge the disruption of the Kano rally.

“We accepted the brief and filed the suit at the Federal High Court to challenge the constitutional validity of police permit as a precondition for exercising the freedom of expression and freedom of assembly guaranteed by sections 39 and 40 of the Constitution and articles 10 and 11 of the African Charter on Human and Peoples Rights Act. In defending the action, the defendant contended that by failing to obtain police permit the conveners of the rally had violated the provisions of the Public Order Act.

“In the epochal judgment of the Court in the case of All Nigeria Peoples Party v Inspector-General of Police the trial judge, the Honourable Justice Chinyere stated inter alia: ‘The gist of the provision in section 1 of the Act is that the Governor of each State is empowered to direct the conduct of all assemblies, meetings and processions on public roads or places of public resort in the state and prescribe the route by which and times at which the procession may pass.

“’Persons desirous of convening or collecting any assembly or meeting or of forming a procession in any public resort must apply and obtain the license of the Governor.

“The Governor can delegate his powers to the Commissioner of Police of the State or to other police officers. Persons aggrieved by the decision of the Commissioner of Police may appeal to the Governor and the decision of the Governor shall be final and no further appeal shall lie therefrom’.

“In upholding the fundamental rights of Nigerians to freedom of expression and assembly enshrined in sections 39 and 40 of the Constitution and Articles 10 and 11 of the African Charter on Human and Peoples’ Rights Act (Cap A9) Laws of the Federation of Nigeria, 2004, the learned trial judge said: ‘In my view, the provision in section 40 of the Constitution is clear, direct and unambiguous.

“’It is formulated and designed to confer on every person the right to assemble freely and associate with other persons.

“’I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association.

“’I agree with Mr. Falana that violation can only be done by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before these rights can be violated.

“’I also agree with Mr. Falana that the criminal law is there to take care if protesters resort to violence in the course of demonstration and that once the rights are exercised peacefully, they cannot be taken away.

“’The Public Order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration is an aberration to a democratic society.’”

 

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Couple Kidnapped, One Shot In Ondo Estate Attack

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Gunmen suspected to be kidnappers have abducted a couple from their residence in the Iluabo area of Akure North Local Government, Ondo State.

During the attack, which occurred in the early hours of Saturday, February 21, 2026, the assailants shot one person before seizing the victims.

The gunmen had stormed Olaribigba Estate in the community when they whisked Mr Jamiu Olawale and his wife into the bush.

Following the development, which has created tension in the agrarian community, residents protested and barricaded the road leading to the community over the incessant kidnappings and insecurity in the community.

According to sources, the couple had arrived at their residence in an ash-coloured Toyota Camry when they were attacked by the gunmen, who lay in ambush for them.

During the incident, a neighbour of the abducted couple, Patrick Ilumaro, who was seated in front of his residence, was shot by the gunmen while fleeing from the community.

A neighbour of the victims revealed that Ilumaro was swiftly rushed to an undisclosed medical facility where he is currently receiving medical treatment.

While confirming the incident, the Ondo State Police Command disclosed that tactical teams as well as conventional operatives have been deployed to the community.

In a statement issued by the Police Public Relations Officer, Abayomi Jimoh, the operatives are already combing the axis in an effort to rescue the victims and apprehend the perpetrators.

“Concerted efforts are ongoing to ensure the safe return of the abducted persons and bring those responsible to justice.

“Members of the public are urged to remain calm and go about their lawful activities. Meanwhile, the Command urges them to provide credible and actionable information that may assist in the investigation to the nearest police station.”

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Brake Failure Leaves One Dead, Four Rescued At Abule-Egba

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One person died and four others were rescued following a road accident at Ekoro Junction, Abule-Egba, on Friday evening, according to a statement from the Lagos State Traffic Management Authority.

The Director, Public Affairs and Enlightenment Department of LASTMA, Adebayo Taofiq, made this known in a statement issued on the agency’s X handle on Saturday.

According to the agency, the crash occurred at about 7:30 p.m. when an empty MACK tanker suffered a sudden brake failure, lost control and rammed into a Toyota Corolla before crashing into a roadside shop.

LASTMA said the tanker, with registration number EKY 900 XY, collided with a Toyota Corolla marked AAA 823 AY.

The impact caused extensive structural damage to the shop and triggered panic among traders and pedestrians in the area.

“The magnitude of the collision led to the immediate confirmation of one fatality at the scene, while four other trapped persons were extricated from the wreckage through coordinated emergency rescue efforts,” the agency stated.

The authority said it immediately activated its Rescue and Recovery Protocol, deploying specialised operatives to manage the situation.

“Personnel implemented strategic traffic diversion, vehicular evacuation procedures and crowd management in synergy with other emergency responders to forestall secondary incidents and guarantee unobstructed access for rescue operations,” LASTMA added.

It stated that emergency teams carried out rescue operations and provided medical attention to the injured victims.

According to the agency, a heavy-duty tow truck was later deployed to evacuate the damaged tanker and clear debris from the road to restore normal traffic flow.

The agency disclosed that the tanker driver fled the scene shortly after the crash and security operatives have since launched efforts to apprehend the driver and initiate legal proceedings.

“Security personnel from the Nigeria Police Force, Ekoro Division, responded expeditiously, maintaining public order, securing the accident perimeter and assisting in investigative processes aimed at establishing the precise sequence of events that culminated in the mechanical failure and subsequent collision.

“The incident precipitated considerable traffic congestion extending across adjoining routes toward Abule-Egba, necessitating robust traffic management interventions by LASTMA officials who remained on ground directing vehicular movement and implementing diversion strategies to alleviate the backlog,” it said.

According to the agency, its General Manager, Olalekan Bakare-Oki, expressed condolences to the family of the deceased and urged transport operators, particularly drivers of articulated vehicles, to prioritise routine vehicle maintenance.

“Preventable mechanical deficiencies remain a significant contributory factor in severe road traffic crashes,” Bakare-Oki said.

He also advised motorists to exercise vigilance, obey traffic regulations and maintain responsible driving practices, especially within densely populated commercial corridors.

Bakare-Oki assured the public that security agencies would conduct a thorough investigation to determine the immediate and remote causes of the incident and ensure that anyone found culpable would be prosecuted in accordance with extant laws.

The agency said other emergency responders at the scene included the Lagos State Emergency Management Agency, the Lagos State Fire and Rescue Service, the Lagos State Ambulance Service, the State Environmental Health Monitoring Unit and officers of the Nigeria Police Force, collaborated to coordinate rescue, medical response and environmental safety measures.

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Court Sets Feb 25 For El-Rufai’s Arraignment In DSS Cybercrime Case

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The Department of State Services (DSS) will arraign former Governnor of Kaduna state, Nasir El-Rufai, on February 25 over alleged cybercrime and breach of national security.

Justice Joyce Abdulmalik of the Federal High Court has fixed the date for the arraignment of the former Governor on a three-count criminal charge filed by the Department of State Services (DSS) after the Chief Judge, Justice John Tsoho assigned the case to her.

NAN earlier reported that the DSS, on Monday, filed a three-count criminal charge against El-Rufai following his alleged involvement in wiretapping the telephone lines of the National Security Adviser (NSA), Mallam Nuhu Ribadu.

The charge, instituted by the Nigerian secret police, is marked FHC/ABJ/CR/99/2026.

The service accused El-Rufai of breaching the Cybercrimes Prohibition Act (2024) and the Nigerian Communications Act (2003.)

In court, El-Rufai was alleged to have, on Feb. 13, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, admitted during the interview that he and his cohorts unlawfully intercepted the phone communications of the NSA, Mr Ribadu.

The offence is said to be contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

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