Probing legality of Rivers’ executive order 21, banning political rallies in schools

Rivers State government has announced harsh sanctions for violators of Executive Order 21, which requires anyone holding political rallies in Rivers to seek state approval through the commissioner for education, at least two weeks before such rally in an application that must be accompanied with a nonrefundable N5million.

Governor Nyesom Wike had during a broadcast to the state unveiled the executive order 21 and enjoined political parties and candidates standing for election in 2023, to avoid acts or conducts that could instigate political tensions in the state.

He emphasised that the prevailing atmosphere of peace and security in the state will not be compromised.

According to him, as campaign for the 2023 general elections began, political parties and their candidates need to be reminded of their legal responsibility to foster an enabling civic environment for peaceful campaigns and elections.

He said: “We clearly respect and guarantee the rights of all the political parties, their candidates and their supporters to unfettered political campaigning throughout the state.

“We cherish this sustained atmosphere of peace and security in our state and would therefore count on the cooperation of the political parties and their candidates to ensure that Rivers State remains peaceful and secure for everyone to go about with his or her legitimate endeavours.”

Wike pointed out that as a government, enormous time, effort, and resources have been spent to achieve and sustain the prevailing peace and security across the state.

He, however, stated that his administration was conscious of the supreme duty to protect life and property in Rivers state.

His words: “We will not allow any political party, their affiliates, candidates, and their supporters to violate the prevailing peace and security in the State under any political pretext.

“Let me, therefore, enjoin all the political parties and candidates standing in the 2023 general elections to avoid any act or conduct that could instigate political tensions and ignite flames of election violence in the state or any part thereof.”

Wike drew the attention of all political parties and their candidates to the Executive Order 21 that has been signed into law. He said the Order specifically prohibits the use of public school buildings and premises for political rallies without prior permission from the Commissioner of Education.

“For the avoidance of doubt, the use of public school buildings, structures and premises for political rallies is lawful only when there is compliance with the following conditions: (a) obtaining permission from the Commissioner of Education not less than the two weeks before the date of the rally; and (b) paying a non-refundable security fee of N5million only,” he declared.

Consequently, there have been reactions from stakeholders on the legality of this decision. While some argued that as the chief security officer of the state, he is duty-bound to make laws that would ensure the security of the people, others view the order as law targeted at the opposition parties.

Nwauju

For the Publicity Secretary of the All Progressives Congress (APC) in Rivers State, Darlington Nwauju, the Executive Order 21 is contrary to the provisions of the Electoral Act.

He said: “We view the so-called order as going against the provisions of Section 91 of the Electoral Act, 2022 (as amended) and a violation of the right to freedom of association as guaranteed by Section 40 of the 1999 Constitution (as amended).

“The Executive Order 21 is a hand grenade executive decree targeting to emasculate the opposition and stop the opposition from selling their manifestos to the people of Rivers State.

“Apart from the restricting order, proprietors of hotels and event centres have been forbidden from yielding their facilities for any kind of political meetings, including press conferences.”

According to Ekengba Felix, a lawyer, banning political rallies in schools is illegal and unconstitutional as the Constitution allows freedom of association.

According to him, the order cannot override the provision of chapter 4 of the Constitution that permits freedom of association. He insists that the order amounts to curtailing the right to freedom of association.

A lawyer, Ugo Chikwe maintained that the right to peaceful assembly is guaranteed under the 1999 Constitution of Nigeria.

However, acknowledged that such rights must be observed in line with relevant laws of the state.

Political rallies at schools while the school is not in session, he said, will not interrupt the educational activities of the school. According to him, if such rallies are done when education activities are not in session, like weekends, then the ban contravenes the position of the law.

“The law is very clear that all Nigerians are free to assemble anywhere, even in schools,” he said, adding that the Supreme Court has ruled that executive orders are not laws. He, therefore, said the “so-called executive order 21 is null and void for any purpose.”

Chikwe said it’s illegal and a form of executive recklessness for a governor to use the medium to oppress his political opponents, adding that it’s an anti-democratic order, which cannot stand when tested in a court of law.

However, another lawyer, Christian Oti, thinks differently. “I don’t think the order is discriminatory against any political party. It wasn’t a ban on campaigns, but only a guide to the use of the state’s public schools’ facilities,” he explained.

The lawyer, however, added that he disagrees with the aspect or condition of making the N5million non-refundable. According to him, it ought to serve as a caution fee, which should be refundable subject to whether there is any damage to the facility used.

“I’m equally doubtful whether in practical terms, the same condition will be required of the PDP in the state,” he wondered.