Section 1 Public Order Act
Section 1 of the Public Order Act of Nigeria is about Power to regulate assemblies, meetings and processions. The Public order Act is an Act to repeal all public order laws in the States of the Federation and to replace them with a Federal Act for the purpose of maintaining public order and to prohibit the formation of quasi-military organisations, regulate the use of uniforms and other matters ancillary thereto.
Power to regulate assemblies, meetings and processions
(1) For the purposes of the proper and peaceful conduct of public assemblies, meetings and processions and subject to section 11 of this Act, the Governor of each State is hereby empowered to direct the conduct of all assemblies, meetings and processions on the public roads or places of public resort in the State and prescribe the route by which and the times at which any procession may pass.
(2) Any person who is desirous of convening or collecting any assembly or meeting or of forming any procession in any public road or place of public resort shall, unless such assembly, meeting or procession is permitted by a general licence granted under subsection (3) of this section, first make application for a licence to the Governor not less than 48 hours thereto, and if such Governor is satisfied that the assembly, meeting or procession is not likely to cause a breach of the peace, he shall direct any superior police officer to issue a licence, not less than 24 hours thereto, specifying the name of the licensee and defining the conditions on which the assembly, meeting or procession is permitted to take place; and if he is not so satisfied, he shall convey his refusal in like manner to the applicant within the time hereinbefore stipulated.
(3) The Governor may authorise the issue of general licences by any superior police officer mentioned in subsection (4) below setting out the conditions under which and by whom and the place where any particular kind or description of assembly, meeting or procession may be convened, collected or formed.
(4) The Governor may delegate his powers under this section-
(a) in relation to the whole State or part thereof, to the Commissioner of Police of the State or any superior police officer of a rank not below that of a Chief Superintendent of Police; and
(b) in relation to any local government area or part thereof, but subject to any delegation made under paragraph (a) above, to any superior police officer or any police officer for the time being acting as the District Police Officer, and references in this section to the Governor shall be construed accordingly.
(5) Any person-
(a) aggrieved by any decision of the Commissioner of Police or any superior police officer under paragraph (a) of subsection (4) of this section, may within 15 days of such decision appeal to the Governor;
(b) aggrieved by any decision of any police officer mentioned in paragraph (b) of subsection (4) of this section, may within 15 days of such decision appeal to the Commissioner of Police and shall have a right of further appeal from any decision of the Commissioner of Police under this paragraph to the Governor, and the Governor or, as the case may require, the Commissioner of Police shall give a decision on any appeal lodged pursuant to this section not later than 15 days after the date of its receipt by him.
(6) The decision of the Governor under subsection (5) of this section shall be final and no further appeal shall lie therefrom.
