A Lagos-based lawyer, Olukoya Ogungbeje has filed a ₦1 billion fundamental right enforcement suit against the Federal Government of Nigeria and the security agencies.
This legal action is in response to an alleged attempt to prevent the planned protest targeted at drawing the attention of the government to the level of hardship in the country which is set to take place from August 1 to 10, 2014.
The federal government is named as the primary respondent in the suit while the National Security Adviser (NSA), the Chief of Defence Staff, the Chief of Army Staff, the Nigerian Army, the Inspector General of Police (IGP), the Nigeria Police Force (NPF), the Department of State Security Service (DSS), and the Director General of the State Security Service are other respondents.
Ogungbeje who is suing for himself and for other patriotic Nigerian citizens billing to embark on peaceful protests for good governance in Nigeria stated that the suit is under 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.
The hearing of the suit has been fixed for July 31.
In the suit, Ogungbeje is asking the court to make a declaration “that the planned forceful disruption, dispersing and deprivation of the Applicant and other Nigerian Citizens rights to peaceful assembly and association including rights to peaceful protests for good governance and reforms slated from the 1st of August 2024 to the 10th of August 2024 by the Respondents through deployment of armed state security agents, armed soldiers and security operatives against the applicant and other Nigerian citizens without any court order is illegal, oppressive, undemocratic, unlawful, unconstitutional and constitutes a brazen violation of the Applicant and other Nigerian citizens’ rights enshrined under sections 38, 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A declaration that the deprivation of the Applicant and other Nigerian Citizens rights to peaceful assembly and association including rights to peaceful protests for good governance and reforms by the Respondents through planned deployment of armed state security agents, armed soldiers and security operatives in a bid to forcefully disrupt and disperse the peaceful protests slated from the 1st of August 2024 to the 10 of August 2024 without any court order is illegal, oppressive, undemocratic, unlawful unconstitutional and constitutes a flagrant violation of the Applicant and other Nigerian citizens’ rights enshrined under sections 38, 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A declaration that 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.”
The lawyer also asked the court for “an order compelling the Respondents jointly and severally 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.
“An order of 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.”
In a 34-paragraph affidavit in support of the suit, Ogungbeje said that he has a duty as a Minister in the Temple of Justice and a Legal Practitioner to protect and defend the sanctity of the provisions of the Constitution of the Federal Republic of Nigeria from any constitutional contravention or infraction.
He stated that the Constitution has made provision for seeking redress in the event of violation, likely violation, breach, and likely breach, infringement, or likely infringement of any of the fundamental rights expressly enshrined under Chapter IV of the Constitution of the Federal Republic of Nigeria.
He also stated that based on the above, he filed the suit for himself and in the public interest under the Fundamental Rights (Enforcement Procedure) Rules 2009.
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