Litigation

The appellant had filed a petition in the Constitutional Court challenging the constitutionality of section 32 of the Police Act (Cap 303). The section empowered the Inspector General of Police (IGP) to prohibit the convening of any assembly or procession on any public road, street or any place of public resort, if the IGP had reasonable grounds to believe the assembly or procession was likely to cause a breach of the peace.

By originating summons, the appellant sought an order declaring the ban of a public meeting at Onitsha as unconstitutional and illegal; and restraining the respondents from interfering with the appellant’s right to hold the ceremonies.

The trial court dismissed the application since the matter could not be summarily settled on a mere motion as presented by the originating summons. The appellant appealed the decision to the Supreme Court.