A Lagos-based lawyer, Olukoya Ogungbeje has filed a ₦1 billion elementary proper enforcement go well with in opposition to the Federal Authorities of Nigeria and the safety businesses.
This authorized motion is in response to an alleged try to forestall the deliberate protest focused at drawing the eye of the federal government to the extent of hardship within the nation which is about to happen from August 1 to 10, 2014.
The federal authorities is known as as the first respondent within the go well with whereas the Nationwide Safety Adviser (NSA), the Chief of Defence Workers, the Chief of Military Workers, the Nigerian Military, the Inspector Normal of Police (IGP), the Nigeria Police Power (NPF), the Division of State Safety Service (DSS), and the Director Normal of the State Safety Service are different respondents.
Ogungbeje who’s suing for himself and for different patriotic Nigerian residents billing to embark on peaceable protests for good governance in Nigeria acknowledged that the go well with is underneath Sections 33, 36, 38, 39, 40, and 46 of the 1999 Structure of the Federal Republic of Nigeria; Order 1 and XI Guidelines 1 and a pair of of the Elementary Rights Enforcement Process Guidelines 2009 and underneath the court docket’s inherent jurisdiction.
The listening to of the go well with has been fastened for July 31.
Within the go well with, Ogungbeje is asking the court docket to make a declaration “that the deliberate forceful disruption, dispersing and deprivation of the Applicant and different Nigerian Residents rights to peaceable meeting and affiliation together with rights to peaceable protests for good governance and reforms slated from the first of August 2024 to the tenth of August 2024 by the Respondents via deployment of armed state safety brokers, armed troopers and safety operatives in opposition to the applicant and different Nigerian residents with none court docket order is prohibited, oppressive, undemocratic, illegal, unconstitutional and constitutes a brazen violation of the Applicant and different Nigerian residents’ rights enshrined underneath sections 38, 39 and 40 of the Structure of the Federal Republic of Nigeria, 1999 (As Amended).
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“A declaration that the deprivation of the Applicant and different Nigerian Residents rights to peaceable meeting and affiliation together with rights to peaceable protests for good governance and reforms by the Respondents via deliberate deployment of armed state safety brokers, armed troopers and safety operatives in a bid to forcefully disrupt and disperse the peaceable protests slated from the first of August 2024 to the ten of August 2024 with none court docket order is prohibited, oppressive, undemocratic, illegal unconstitutional and constitutes a flagrant violation of the Applicant and different Nigerian residents’ rights enshrined underneath sections 38, 39 and 40 of the Structure of the Federal Republic of Nigeria, 1999 (As Amended).
“A declaration that the Judgment delivered by this Honourable Court docket in Swimsuit No: FHC/L/CS/1371/2019 Between Mr Olukoya Ogungbeje Vs Federal Authorities of Nigeria & Ors in opposition to the Respondents on the nineteenth of March 2020 on the rights of residents to peaceable protest, continues to be legitimate, subsisting and binding on the Respondents till it’s put aside.”
The lawyer additionally requested the court docket for “an order compelling the Respondents collectively and severally to tender an apology to be revealed in ALL the extensively learn Nationwide Dailies/Newspapers and to pay the sum of ₦1bn solely as common and exemplary damages in opposition to the Respondents.
“An order of perpetual injunction restraining the Respondents, whether or not by themselves, their brokers, officers, troopers, operatives, officers, servants or privies or anyone deriving authority from them by no matter identify referred to as from harassing, intimidating, arresting, detaining, inviting, arraigning, capturing, killing, charging, disrupting, dispersing, seizing or taking any untoward motion in opposition to the Applicant and different Nigerian Residents engaged in peaceable meeting and protests slated for August 2024 or some other dates on any truth related with or associated to the details of this case.”
In a 34-paragraph affidavit in help of the go well with, Ogungbeje mentioned that he has an obligation as a Minister within the Temple of Justice and a Authorized Practitioner to guard and defend the sanctity of the provisions of the Structure of the Federal Republic of Nigeria from any constitutional contravention or infraction.
He acknowledged that the Structure has made provision for in search of redress within the occasion of violation, doubtless violation, breach, and certain breach, infringement, or doubtless infringement of any of the basic rights expressly enshrined underneath Chapter IV of the Structure of the Federal Republic of Nigeria.
He additionally acknowledged that based mostly on the above, he filed the go well with for himself and within the public curiosity underneath the Elementary Rights (Enforcement Process) Guidelines 2009.
