A Lagos-based lawyer, Olukoya Ogungbeje has instituted a ₦1bn Fundamental Right Enforcement suit against the Federal Government of Nigeria and the security agencies in the country, over alleged move to stop the proposed ‘hunger protest’, scheduled to be held between August 1 to 10, 2014.
While the FG is named as the first resplendent, the lawyer is also listed as second to nine respondents; 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 who 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 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.
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 the following orders: “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 tak g 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 in a 34-paragraph affidavit in support of the suit, 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.
The lawyer also stated the following: “that sometimes in June and July 2024, consultations were made and ongoing by Nigerian Citizens and the Coalition of Civil Society organizations to embark on peaceful protests across the country in August 2024 or any other dates to press for good governance in Nigeria.
“That I was consulted as a law-abiding patriotic Nigerian Citizen and Legal Practitioner who has taken up some court cases on rights violation against the Respondents and I immediately perused again and again the provisions of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) on the propriety or otherwise of the planned peaceful protests nationwide.
“That I consequently gave my support and planned to join the peaceful protests in Lagos State having been satisfied with the peaceful protests being a fundamental right constitutionally guaranteed and enshrined under sections 38, 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“That I am particularly interested in the peaceful protests on account of being a Nigerian Citizen who is directly affected by the policies of government and my calling as a Legal Practitioner and Convener of Radical Agenda Movement, a socio-legal cum political movement for good governance and civil rights civil in Nigeria.
“That one of such cases taken up is the Judgment obtained in Suit No: FHC/L/CS/1371/2019 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors 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
“That we have an intelligence report that efforts are in top gear by the Respondents for the deployment of armed soldiers and security personnel to forcefully quell the peaceful protests billed to be embarked upon in August 2024 and deprive me and other Nigerian Citizens our constitutionally guaranteed rights to freedom of assembly, association including peaceful protests.
“That the intelligence report at our disposal was confirmed by the threatening speeches of the Ministers in the present administration, the Inspector General of Police and the Nigerian Army published in National dailies and Newspapers aimed at suppressing the rights to peaceful protest slated for August 2024
“That the Respondents have been threatening fire and brimstone calling for cancellation of the peaceful protests in a bid to deprive me and other Nigerian Citizens our constitutionally guaranteed rights to peaceful assembly and association and right to freedom of expression and the press including peaceful protest.
“That the respondents have perfected plans for a crackdown to clampdown on me and other Nigerian Citizens who are billed to embark on the peaceful protests in August 2024 nationwide through deployment of state security apparatus, armed soldiers and security personnel and detectives in a bid to forcefully quell the peaceful protests.
“That the right to peaceful protest is a constitutionally guaranteed fundamental right guaranteed under the Constitution of the Federal Republic of Nigeria.
“That the action and planned action of the respondents are capable of denying and depriving me and Nigerian Citizens our fundamental constitutional rights to peaceful assembly and association by the Respondents without any cause.
“That the act and actions of the Respondents are likely to oppressively infringe on my rights and the rights of law-abiding Nigerian Citizens who are
billed to embark on peaceful protests in August 2024 to press for good governance in Nigeria.
“That if the respondents are not restrained, our rights to peaceful assembly and association including protests guaranteed by the Constitution of the Federal Republic of Nigeria will continue to be infringed upon by the Respondents
“That I have filed this application in accordance with the Fundamental Rights (Enforcement Procedure Rules) and section 46 of the Constitution of the Federal Republic of Nigeria.
“That we have not committed any offence to warrant the infringement of our rights to peaceful assembly by the Respondents. And that it is in the interest of justice that the reliefs in this application be granted.”
