The Presidential candidate of the Labour Party (LP), Peter Obi and his running mate, Yusuf Datti Baba-Ahmed have been dragged before a Federal High Court in Lagos State.
Ten lawyers had approached the court to stop the “#ObiDatti Forward Ever Rally” slated for October 1, 2022, in Lagos.
The plaintiffs brought the Originating Summons under Section 6(6) (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), a section of the Police Act. 2020, section (3) of the National Security Agencies Act Cap N74, Section 1(3) of the Terrorism (Prevention and prohibition) Act, 2022. Order 3. Rule 6 of the federal high court (civil procedure) rules 2019 and under the inherent jurisdiction of the court.
The lawyers in the suit marked FHC/L/CS/1720/22 are Adedotun Ajulo Esq; Salamatu Suleiman Lewi Esq; Hakeem Jaduola, Esq; Ogunbona Akinpelu Esq; Owolabi K. Oluwasegun, Esq; Mogbojuri Kayode Esq; Wuyep Mantin Nadom Esq; Dimimu Mabel Esq; Kolawole Salami, Esq and Wale Abe Lawrence.
The defendants in the case include Obi, LP, Julius Abure, Esq; Inspector-General of Police; Commissioner of Police (Lagos State Command); Director General, (Department Of State Services); Lekki Concession Company Limited; Attorney-General of Lagos State and The Governor of Lagos State.
The lawyer had linked the proposed rally to the #EndSARS protest in 2020 which led to the destruction of lives and properties
They claimed that the defendants might hide under the guise of the rally to endorse the #EndSARS anniversary.
The lawyers had raised ten questions for the court to determine in granting the order sought if it was considered affirmative.
Among the questions raised are “whether having regard to the true construction and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the resultant effect of the ENDSARS Protest of 2020 to the destruction of lives and property, the 1, 2, 3 and 4 Defendants can hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally” being organised by their agents, privies, assigns, members or associates or howsoever described to come up on the 1 of October 2022.”
The plaintiffs seek relief if their questions were resolved in the positive; “a declaration of the court that having regard to the true constructive and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the resultant effect of the ENDSARS Protest of 2020 destruction of lives and property, the 1, 2, 3 and 4 Defendants cannot hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest. Rally tagged “#Obidatti23 Forward Ever Rally being organised by their agent’s privies assigns or associates to come up on the 1 of October,
“A declaration of this honourable court that the 1, 2, 3 and 4 Defendants are under Statutory obligations as citizens of the Federal Republic of Nigeria given Section 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to exercise caution, restraint on their allies, privies, assigns and associates not to carry out the END SARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally being organized to of Section 45(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“A declaration of this honourable court that the scheduled ENDSARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally being organized by the 1, 2, 3 and 4 Defendants or their agents and associates runs la dear collision with the unequivocal relevant provisions of Terrorism (Prevention and Prohibition) Act, 2022.
“A declaration of this honourable court that, having regard to the statutory requirements as enshrined in Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 1, 2, 3 and 4 Defendants are under a legal obligation to forthwith hat organizing or disassociate themselves from the organizers of the END SARS Protest to come up on the 1 of October 2022 as well as to issue public statements to halt the said protest as already scheduled for the interest of public safety and order.
“A declaration of this honourable court that the 9 Defendant is under a legal duty, having regard to Section 15 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the relevant provisions of the Companies and Allied Matters Act setting out its corporate functions, to not open its space at the Lekki Toll Gate to aid and allow the 1, 2, 3 and 4 Defendants as well as their agents, privies, assigns, allies and servants, the organizers of the END SARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally” to assemble on the 1 of October 2022 to celebrate the END SARS Protest Anniversary,” among others.
The presiding judge, Justice Osiagor, on Thursday refused to grant the prayers of the lawyers, stating that there was no evidence that October 1st rally was an ENDSARS rally.
The court, however, adjourned the matter to the 23rd of September 2022 for further hearing and directed the plaintiffs to put all the defendants/respondents on notice.
