In this Article, we look at the decision of the Supreme Court of Nigeria in EMEKA v. OKOROAFOR & ORS (2017) LPELR – 41738(SC) focusing on the interpretation of Section 40 of the 1999 Constitution (Freedom of Association), as delivered by Ejembi Eko, JSC:
In this decision, the Supreme Court clarified that the constitutional right to freedom of association under Section 40 is not absolute or one-directional. According to Ejembi Eko, JSC, the right:
“…works both ways. The others you want to associate with must be prepared to associate with you. None can be imposed, by order of Court, on the other.”
This is a powerful affirmation of mutual consent in all forms of association, be it social, political, religious, and organizational. Simply put: you cannot force anyone to associate with you, and no one can force you to associate with them.
Section 40 of the 1999 Constitution 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…”
This provision guarantees:
- The freedom to gather and form associations;
- The freedom to join existing groups;
- The freedom not to join or be part of any group.
The Court rightly emphasized that this right is reciprocal in the sense that one person’s constitutional right cannot override another’s.
Justice Eko’s pronouncement aligns with established international legal principles to wit:
- The right to associate implies autonomy;
- Associations must be voluntary, not imposed;
- A forced association is a violation, not a fulfillment, of rights.
This is particularly relevant in cases involving:
- Political party membership or expulsion;
- Religious groups and internal governance;
- Trade unions and professional bodies;
- Club or society membership disputes.
The Court firmly rejected the idea that:
- Courts can compel a group to accept someone as a member against their will;
- A person can claim violation of rights simply because others refuse to associate with them.
Association must be mutual, consensual, and voluntary, otherwise, it’s coercion under constitutional disguise.
Courts cannot compel association; they can only protect against unlawful exclusion where due process is violated within an association’s own rules.
Groups, like individuals, have rights too. A group cannot be forced by law or court to admit someone they do not wish to associate with, unless discrimination or violation of internal rules is clearly proven.
In Emeka v. Okoroafor, the Supreme Court made it clear: freedom of association is not just about your right to join, it is also about their right to reject. No constitutional right grants the power to force inclusion, and no Court can impose a relationship where mutual consent is absent.
