Introduction
The 1999 Constitution of the Federal Republic of Nigeria (as amended) enshrines the right to peaceful assembly and association under Section 40. This right empowers every citizen to freely associate with others, form or belong to lawful organisations, political parties, trade unions, or other associations for the protection of their interests. However, the courts have clarified both the scope and the limitations of this right through a series of landmark decisions.
Nigerian courts have played an important role in interpreting the scope of this right, particularly where conflicts arise between individual freedoms and the internal rules of associations.
Constitutional Basis of the Right
Section 40 provides:
“Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union, or any other association for the protection of his interests; provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.”
This provision guarantees both the right to associate and the right not to associate with any group or organization, as recognised in EXECUTIVE CHAIRMAN & MGT OF BENUE SUBEB v. NASU (2021) LPELR-55724(CA).
Voluntary Associations and Internal Autonomy
The courts have consistently upheld the principle that voluntary associations are supreme over their internal affairs. In GBADESIRE V. REGISTERED TRUSTEES OF IKOYI CLUB 1938 (2019) LPELR-51623(CA), it was held that such bodies have the right to make rules for themselves, within the limits of lawful conduct, and members are bound by those rules once they voluntarily join.
Similarly, in MBANEFO V. MOLOKWU (2008) LPELR-3696(CA), the court affirmed that a member dissatisfied with the decisions of an association is free to resign rather than compel the association to change its rules.
Limits on the Right
While the right to association is fundamental, it is not absolute. Under Section 45(1) of the Constitution, the right may be restricted in the interest of:
1. Defence
2. Public safety
3. Public order
4. Public morality
5. Public health
6. Protection of the rights and freedoms of others
The Court of Appeal in AMARAWA & ORS v. REGISTERED TRUSTEES OF ASSOCIATION OF TRADERS OF FRUITS VEGETABLES & OTHER RELATED PRODUCTS KANO (2019) LPELR-48265(CA)reiterated that Section 40 does not permit the creation of associations that would promote anarchy or confusion.
Similarly, the Constitution permits certain restrictions on individual rights in the public interest. One example is the government’s power to acquire private land for public purposes, provided due process is followed. Read more in our article on Compulsory Acquisition of Land in Nigeria: Your Rights and Legal Remedies.
No Compulsion to Join an Association
In OBI & ORS v. NWIHWE & ANOR (2024) LPELR-62429(CA), the court condemned any form of coercion to make a person join an association against their will, noting that such conduct violates Section 40. Customs or traditions cannot override constitutionally guaranteed rights, and individuals are free to join—or refuse to join—any group.
State Regulation and Political Parties
The Supreme Court in NUP v. INEC (2021) LPELR-58407(SC)recognised that while political parties enjoy freedom of association, the state retains the power to regulate them to ensure electoral fairness and political stability. This aligns with international human rights instruments, such as the African Charter on Human and Peoples’ Rights.
Freedom of Association and Trade Unions
The right to freedom of association is particularly significant in labour relations. Workers have the right to form or join trade unions for the protection of their economic interests, subject to lawful regulation under labour laws.
Key Takeaways from Judicial Decisions
1. Freedom of association includes the right to dissociate – You cannot be compelled to remain in any group.
2. Voluntary associations control their internal affairs – Courts will only intervene if the association breaches its own rules.
3. The right is subject to constitutional limitations – National security, public order, and the rights of others can justify restrictions.
4. Cultural practices cannot override constitutional rights – Customs that compel association are unconstitutional.
5. Political associations can be regulated – Such regulation must be reasonable and aimed at protecting democratic values.
Constitutional rights are not limited to freedom of association alone. Nigerian courts have also intervened where state authorities unlawfully interfere with other fundamental rights, including the freezing of bank accounts without due process. See our article on Frozen Accounts and Fundamental Rights in Nigeria.
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. For guidance on specific situations involving the right to peaceful assembly and association in Nigeria, please consult a qualified legal practitioner.
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