RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION - KNOW YOUR RIGHT

Right to peaceful assembly and association is provided by section 40 of the 1999 constitution of Nigeria. It allows every person the right to assemble freely and associate with any other person of his choice. This is an extension of the right to personal liberty. Of great importance in this provision is the right to refuse to associate by compulsion. In AGBAI V. OKAGBUE, the Supreme Court held that membership of ages grade system under Ibo native law and custom is not pre se unconstitutional. It held that membership by compulsion is unconstitutional but where, however, an individual voluntarily joins the age grade system, he must abide by all lawful rule of the association. This is because a volunteer can not late complain (volenti non fit injuria), which if translated would
mean that there is no injury to one who consents.

          Apparently, under section 40 of the 1999 constitution, a person is free to form or belong to any political part, trade union or other association for the protection of his interests. Freedom of association is available provided it does not conflict with the overriding interest of the state in matters of defence, public safety, public order or health, public morality and in the protection of rights and freedoms of other persons.

          In the case of CHERANCI V. CHAERNCI The applicant was convicted for inciting a young boy to participate in polities against the provision of section 35 of children and young persons law, 1958, which makes it an offense to admit a juvenile to membership of a political party.

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