Section 91
Conduct at political rallies and processions(1) The Commissioner of Police in each State of the Federation and the Federal Capital Territory, Abuja, shall provide adequate security for proper and peaceful conduct of political rallies and processions in their respective jurisdictions and, for this purpose, the Police may be supported by the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government.
(2) For the purpose of subsection (1), a person shall be deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as a police officer or as a member of a security agency authorised to carry arms and is specifically posted to be present at that political rally or procession.
(3) Notwithstanding any provision in the Police Act, the Public Order Act and any regulation made thereunder or any other law to the contrary, the role of the Nigerian Police Force and the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection (1).
Act No. 2, 2020.(4) No registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises.
Cap. P42 LFN, 2004.In other to maintain and ensure a proper and peaceful conduct of rallies and processions, the section mandates the Commissioner of Police in every State and the Federal Capital Territory, Abuja to provide adequate security at such rallies with the support of other security agencies such as the Nigerian Security and Civil Defence Corps. (The NSCDC in a new addition to the Act)
Security officers’ role in this regard is limited to providing security and they must be specifically posted to the event and acting in their official capacity to be deemed to be acting lawfully.
Also, to prevent arbitrariness, this section provides that no registered political party, aspirants or candidates shall be prevented for holding political rallies.
