A lawyer cum human rights activist, Olukoya Ogungbeje has instituted a 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 hold between August 1 to 10, 2014.
Ogungbeje in his suit numbered FHC/L/CS/1350/2024, listed 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); State Security Service (SSS) otherwise referred to as Department of State Security Service (DSS) and Director General, State Security Service, as second to nine respondents.
The lawyer who is suing for himself and for other patriotic Nigerian citizens billed to embark on peaceful protests for good governance in Nigeria, stated that his 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 asking the court for the following reliefs: “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).
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“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 rights to peaceful protest is a constitutionally. guaranteed fundamental rights guaranteed under tne 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.”
Meanwhile, hearing of the suit has been fixed for July 31.
