The appeal in the Sowore case is not an attack on rights. It is a constitutional clarification exercise.
Section 41 guarantees freedom of movement.
But Section 45(1) of the 1999 Constitution expressly provides that nothing in Sections 37–41 shall invalidate any law reasonably justifiable in a democratic society in the interest of defence, public safety, public order or public morality.
That clause exists for a reason.Lagos is not an ordinary jurisdiction.
It is Nigeria’s commercial capital, with millions of daily movements through critical corridors such as the Third Mainland Bridge, Oworonshoki, Ikeja and Marina.
History shows that protest actions in Lagos have at times resulted in severe traffic paralysis, economic disruption and heightened security tension — from Occupy Nigeria (2012) to EndSARS (2020), where legitimate grievances were later hijacked by criminal elements.
Preventive policing is not oppression.
It is risk management.
Police commanders are sworn to protect lives and property.
They operate in real time, often on intelligence reports that cannot always be publicly disclosed.
If credible intelligence suggests potential escalation, waiting passively until breakdown occurs would be negligence.
The question before the appellate court is therefore narrow but important: where does discretionary preventive action end and constitutional breach begin?
The Lagos CP acted within his professional mandate to maintain order based on intelligence assessment and operational risk calculation.
Whether procedure met judicial standards is now for appellate clarification.
But to portray preventive security action as automatic tyranny ignores the constitutional recognition that rights and order must coexist.
Democracy is sustained not only by liberty — but by stability under law.
The National Patriots Movement welcomes the decision of the Nigeria Police Force to seek appellate clarification in the Sowore matter.
Constitutional democracy thrives on judicial review, and the appeal process exists precisely to define the delicate balance between individual liberties and public order.
While Section 41 guarantees freedom of movement, Section 45 of the 1999 Constitution clearly provides for reasonable restrictions in the interest of defence, public safety and public order.
In a complex megacity like Lagos, preventive policing is often intelligence-led and requires swift discretionary judgment to avert potential escalation.
The appellate court now has the opportunity to clearly delineate the boundaries of lawful preventive action.
Rights must be protected — but so too must institutional authority and the collective security of citizens.
Princess G Adebajo-Fraser MFR.
President, The National Patriots.
