With the proposed protest scheduled for 1st August fast approaching, A Lagos-based lawyer, Olukoya Ogungbeje has instituted a ₦1 billion Fundamental Right Enforcement suit against the Federal Government of Nigeria and the security agencies in the country, over alleged move to stop the #EndBadGovernance protest.
In the suit, the Federal Government is named as the first resplendent, the lawyer is then listed as second respondents. The eight other respondents are the National Security Adviser (NSA); the Chief Of Defence Staff; Chief of Army Staff; Nigerian Army; the Inspector General of Police (IGP); Nigeria Police Force (NPF); Department of State Security Service (DSS) and the Director General, State Security Service.
Ogungbeje stated that the suit is pursuant to Sections 33, 36, 38, 39, 40 and 46 of the 1999 Constitution of the Federal Republic of Nigeria; Order 1 and XI Rules 1 and 2 of the Fundamental Rights Enforcement Procedure Rules 2009 and under the court’s inherent jurisdiction.
He is suing for himself and for other patriotic Nigerian citizens billed to embark on peaceful protests for good governance in Nigeria, stated that the suit is.
Ogungbeje is asking the court for the following in his suit:
1. To declare the actions of the government to hinder the peaceful protest of Nigerians through deployment of security agencies as illegal, oppressive, undemocratic, and a violation of citizens rights.
2. To declare the Judgment delivered by this Honourable Court in Suit No: FHC/L/CS/1371/2019 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors against the Respondents on the 19th of March 2020 on the rights of citizens to peaceful protest, is still valid, subsisting and binding on the Respondents until it is set aside.”
3. To order the respondents to tender an apology to be published in ALL the widely read National Dailies/Newspapers and to pay the sum of ₦1bn only as general and exemplary damages against the Respondents.
4. To order a perpetual injunction restraining the Respondents, whether by themselves, their agents, officers, soldiers, operatives, officials, servants or privies or anybody deriving authority from them by whatever name called from harassing, intimidating, arresting, detaining, inviting, arraigning, shooting, killing, charging, disrupting, dispersing, seizing or taking any untoward action against the Applicant and other Nigerian Citizens engaged in peaceful assembly and protests slated for August 2024 or any other dates on any fact connected with or related to the facts of this case.
Ogungbeje also likened his case to that of Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors bearing Suit No: FHC/L/CS/1371/2019 challenging the violation of the rights to peaceful protests by the Respondents delivered by the Federal High Court of Nigeria on 19th of March 2020.
He stated that his interest in the protest lies in his position as a member of the judiciary as well as a Nigerian who is directly affected by the policies of the government.
The case is scheduled for hearing on the 31st of July 2024.
To be updated after tomorrow’s hearing.
