In order to block the “#Obidatti23 Forward Ever Rally” scheduled for October 1, 2022, ten lawyers have brought Labour Party presidential candidate Peter Obi and his running partner Yusuf Datti Baba-Ahmed before a Federal High Court in Lagos State.
According to Section 6(6) (1) of the Federal Republic of Nigeria 1999 Constitution (as amended), Section of the Police Act of 2020, Section (3) of the National Security Agencies Act of Cap N74, and Section 1(3) of the Terrorism (Prevention and Prohibition) Act of 2022, the plaintiffs filed the Originating Summons. In accordance with Order 3 Rule 6 of the Federal High Court’s 2019 Civil Procedure Rules and the court’s inherent authority.
The plaintiffs in the case with the file number FHC/L/CS/1720/22 are Adedotun Ajulo, Salamatu Suleiman Lewi, Hakeem Jaduola, Ogunbona Akinpelu, Owolabi K. Oluwasegun, Mogbojuri Kayode, Wuyep Mantin Nadom, Dimimu Mabel, Kolawole Salami, and Wale Abe Lawrence.
Other defendants include Julius Abure, Esq., the Inspector General of Police, the Commissioner of Police (Lagos State Command), the Director General of the Department of State Services, the Lekki Concession Company Limited, the Attorney-General of Lagos State, and the Governor of Lagos State in addition to Peter Obi and the LP.
The court on Thursday declined to find in the plaintiffs’ favor and declined to issue an ex parte order.
When deciding whether to grant the requested order, the court had to address eleven questions that the defendants had brought.
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 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.”
In the event that their questions were answered favorably, the plaintiffs seek relief.; “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 agents privies assigns or associates to come up on the 1 of October,
“A declaration of this honorable court that the 1, 2, 3 and 4 Defendants are under Statutory obligations as citizens of the Federal Republic of Nigeria in view of 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 honorable 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 honorable court that, having regard to the statutory requirements as enshrined is Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 1, 2, 3 and 4 Defendants are under 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 honorable court that the 9 Defendant is under 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 for the purposes of aiding and allowing 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 for the purpose of celebrating the END SARS Protest Anniversary,” among others.
In the meantime, the plaintiffs’ attempts to seek an ex parte injunction on Thursday were unsuccessful as Justice Osiagor, the presiding court, refused to grant the pleas because there was no proof that the event on October 1st was an ENDSARS rally.
However, the court ordered the plaintiffs to give notice to each defendant/respondent and postponed the hearing until September 23, 2022.
