OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Abuja delivered on the 24th of June 2005. The Respondents before this court are twelve political parties registered in Nigeria. They commenced this suit by way of an originating summons dated the 9th of February 2004 as follows:-
(1) Whether the police permit or any authority is required for holding a rally or procession in part of the Federal Republic of Nigeria.
(2) Whether the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria 1990, which prohibit the holding of rallies or processions without a police permit are not illegal and unconstitutional having regard to Section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990.
The plaintiffs/Respondents also claimed as follows:-
(I) A declaration that the r…