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LASG Insists Court Order Restricting October 1 Protest in Nigeria To Only Two Venues Still Stands

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Protesters chant and sing solidarity songs as they barricade barricade the Lagos-Ibadan expressway to protest against police brutality and the killing of protesters by the military, at Magboro, Ogun State, on October 21, 2020. - Buildings in Nigeria's main city of Lagos were torched on October 21, 2020 and sporadic clashes erupted after the shooting of peaceful protesters in which Amnesty International said security forces had killed several people. Witnesses said gunmen opened fire on a crowd of over 1,000 people on the evening of October 20, 2020, to disperse them after a curfew was imposed to end spiralling protests over police brutality and deep-rooted social grievances. (Photo by PIUS UTOMI EKPEI / AFP) (Photo by PIUS UTOMI EKPEI/AFP via Getty Images)

By Uche Amunike

As organizers get set for the upcoming ‘#FearlessOctober1’ protest in Lagos and other states, the Lagos State Government has announced that the court order restricting the proposed October 1 protest in Nigeria to only two venues in the state, still stands.

Speaking, to Newsmen on Sunday, while advising the organizers to shun the disruption of economic and social activities in the state, the Lagos State Attorney General and Commissioner for Justice, Lawal Pedro (SAN), maintained that the Governor’s instructions to the State Commissioner of Police to maintain public safety remained in effect.

Recall that before the ‘EndBadGovernance’ protest in August,  a Lagos High Court ruling restricted protests to only two designed venues, which are the Freedom Park and Peace Park, located in the Ojota and Ketu areas of the state.

According to Pedro, Governor Babajide Sanwo-Olu does not oppose the expression of the views of residents to protests. However, he insists that such expressions must be done within the ambits of the law.

His words: ‘We have and shall continue to engage the civil societies and non-governmental organisations in Lagos who are genuinely interested in the development of Lagos State to explain and enlighten them that the Governor of Lagos State Babajide Sanwo-Olu is not opposed to any group of residents to express their view about any government by way of public protest as it is their fundamental right guaranteed by the Constitution of Nigeria 1999.’

While explaining that the fundamental rights to freedom of speech, association and assembly are not absolute, he further maintained: ‘By virtue of Section 45, Section 215 (4) of the Constitution of Nigeria (as amended) and Section 4 & 10(2) of the Police Act, it is lawful for the Governor of Lagos State or the Attorney General of Lagos on his behalf to give the Commissioner of Police of Lagos State directive for maintenance and securing of public safety and public order that may impact on the exercise of these fundamental rights.’

‘In that respect, we advise that the organisers should utilise the designated venues in the state for public protest to wit; Freedom Park and Peace Park for adequate protection and coverage of the protest by press members.’

He also warned that the proposed October 1 protest in Nigeria is being planned by the same group of people that organized the last protest. He therefore stated that they should be guided by the interim preservative order of injunction of court which restricts public protests in the state to only the two designated venues.

He also insisted that substantial legal action will be pending against them if an order of interlocutory and pepertual injunction is being sought to permanently restrict any individual or group, wishing to organise public protests in Lagos State to designated venues.

Hear him: ‘It is a settled principle of law that a defendant who is aware of a pending claim or application for an injunction against him in a court of law must respect the court process and not engage in the same act sought to be restrained.’

‘Therefore, whether the interim preservative order is subsisting or not, by the subsisting suit, it will be unlawful for anybody, civil society, or NGO in Lagos to convene any public protest outside the designated venue’, he buttressed.

Meanwhile, the organizers have also written to the Inspector General of Police, Kayode Egbetokun, requesting for security during the protest, stating that it is a fundamental right that they would not submit to any state agent. They plan to protest the hardship brought about by the removal of fuel subsidy and devaluation of the Naira.

The organizers plan to kick off the protest from the Ikeja Under Bridge at 7.30am.

 

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