Section 4 Public Order Act LFN

Section 4 of the Public Order Act of Nigeria is about Power to issue proclamations, etc., for the preservation of public order. 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 issue proclamations, etc., for the preservation of public order

(1) Notwithstanding any licence granted under section 1 of this Act, if a superior police officer, having regard to the time or place at which and the circumstances in which any public assembly, meeting or procession is taking place or is intended to take place (and in the case of a public procession to the route taken or proposed to be taken by the procession), has reasonable grounds for apprehending that the assembly or meeting or procession may occasion serious disorder, he may give directions imposing upon persons organising or taking part in the assembly or meeting or procession such conditions as appear to him necessary for the preservation of public order including, in the case of a public procession, conditions prescribing the route to be taken by the procession or conditions prohibiting the procession from entering any public place specified in the directions:

Provided that no conditions restricting the display of symbols or emblems shall be imposed under the provisions of this subsection except such as are reasonably necessary to prevent risk of a breach of the peace.

(2) Subject to any order made by the Commissioner of Police under subsection (3) of this section, if at any time a superior police officer (including any police officer for the time being acting as a District Police Officer) is of opinion that by reason of particular circumstances existing in a local government area or part thereof, the powers conferred upon him by subsection (1) of this section will not be sufficient to prevent serious public disorder being occasioned by the holding of public assemblies, meetings or processions in the area concerned, such police officer may issue a proclamation in the Form contained in the Schedule to this Act, copies of which shall be displayed in all local government offices and police stations and posts in that area and in such other places as may be determined by him, prohibiting the holding in such area of all public assemblies, meetings or processions specified in the proclamation, for such period not exceeding 7 days as may be so specified.

(3) If at any time the Commissioner of Police is of opinion that by reason of particular circumstances existing in the State or any part thereof, the powers conferred by subsections (1) and (2) of this section will not be sufficient to prevent serious public disorder being occasioned by the holding of public assemblies, meetings or processions in the State or in any part thereof the Commissioner may, after consultation with the Governor of the State, by order published in the State Gazette and in such other manner (including broadcasts by radio or television) as he may deem sufficient to bring the order to the knowledge of the general public in the State or in that part thereof to which it relates, prohibit the holding in the State or any such part of all public assemblies, meetings or processions specified in the order, for such period not exceeding 14 days as may be so specified.

(4) An order made under subsection (3) of this section shall have effect from the time when it is first published or publicly notified in any manner authorised by that subsection or from such later time as may be specified in the order, and a certificate under the hand of the Commissioner of Police who made the order specifying the time of publication or notification (other than a publication in the Gazette in respect of which the Evidence Act has made other provisions) shall be conclusive evidence thereof in all legal proceedings.

(5) Any person who knowingly-
(a) fails to comply with any directions given or conditions imposed under this section; or
(b) organises or assists in organising any public assembly, meeting or procession held or intended to be held in contravention of a proclamation or an order made under this section; or
(c) attempts to convene or takes part in, or incites any other person to convene or take part in, any such assembly, meeting or procession,

shall be guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for 2 years or to both such fine and imprisonment.

See also: Section 3 Public Order Act