Recent media reports on the Nigeria Police Force barricading access roads to an event centre in Abuja scheduled to host the national convention of a faction of the People’s Democratic Party (PDP), and threats by the Minister of the Federal Capital Territory (FCT) Chief Nyesom Wike, to revoke the land titles of hotels, event centres, and other public venues that rent their facilities to what he described as “illegal organisations.”, are both barbaric and unconstitutional.
These developments raise fundamental questions about constitutional rights, the rule of law, political pluralism, and the neutrality of state institutions in the affairs of political parties in Nigeria.
Freedom of expression, freedom of association, and the right to peaceful assembly are guaranteed under Sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). These rights are not granted by the Independent National Electoral Commission, (INEC), a minister, governor, president or any government official. They are constitutional rights that can only be restricted in accordance with the law and subject to constitutional safeguards.
While INEC has statutory responsibilities relating to the regulation of elections and political parties, it does not possess authority to determine whether citizens may exercise their constitutional rights to assemble, associate, or express political opinions. Similarly, no minister possesses the power to suspend or extinguish these rights through administrative directives or public pronouncements.
Hotels, event centres, and other public venues are legitimate businesses entitled to rent their facilities for lawful activities. Unless an organisation has been declared unlawful by a court of competent jurisdiction or prohibited by law, venue owners should not be subjected to threats, sanctions, or revocation of property rights merely because they rented their premises to individuals or groups engaged in lawful political activities.
The reported threat to revoke titles of properties used for meetings of organisations deemed “illegal” by executive fiat is particularly troubling. Such actions risk undermining constitutional guarantees, property rights, due process, and the principle that questions of legality must be determined by law and, where necessary, by competent courts – not by administrative discretion.
We are equally concerned by reports that the Nigeria Police Force blocked access to the venue of the planned convention. The police have a constitutional and statutory duty to maintain public order and protect lives and property. However, these powers must be exercised impartially, lawfully, and without partisan bias.
The Nigeria Police Force must remain politically neutral. It should not be perceived as taking sides in intra-party disputes or broader partisan political contests. Any security measures restricting access to meetings or gatherings must be based on credible and demonstrable security concerns, be necessary and proportionate, and comply with constitutional standards and the rule of law.
Democracy thrives when competing political interests are allowed to organize, assemble, campaign, and contest peacefully within the framework of the law. Disputes over party leadership, factional legitimacy, and candidate selection should be resolved through internal party mechanisms, electoral processes, and the courts – not through administrative intimidation or the deployment of state power against political opponents.
We therefore call on the FCT Minister Chief Nyesom Wike and the Federal Capital Territory Administration to respect constitutional rights and ensure that any regulatory actions are grounded in law, due process, and respect for fundamental freedoms.
We also call on the Inspector-General of Police and the Police Service Commission to ensure that the Nigeria Police Force maintain strict political neutrality and refrain from actions that could create the impression of partisanship.
In the same vein, we advise political actors across the political spectrum to pursue their grievances and claims through lawful and democratic channels.
Furthermore, relevant oversight institutions, civil society organisations, and the National Human Rights Commission should closely monitor developments and safeguard constitutional freedoms.
Suffice it to say that Nigeria’s democracy is strengthened when state institutions act impartially and in accordance with the Constitution. Therefore, the protection of fundamental rights must never be subordinated to partisan political interests.
QUOTE
Unless an organisation has been declared unlawful by a court of competent jurisdiction or prohibited by law, venue owners should not be subjected to threats, sanctions, or revocation of property rights merely because they rented their premises to individuals or groups engaged in lawful political activities.
