A court in Lagos has refused to stop the “#Obidatti23 Forward Ever Rally” slated for October 1, 2022.
Ten lawyers had dragged the Labour Party’s Presidential Candidate, Peter Obi, and his running mate, Yusuf Datti Baba-Ahmed, before a Federal High Court sitting in Lagos State seeking to stop the rally.
The plaintiffs brought the Originating Summons pursuant to Section 6(6) (1) of Constitution of the Federal Republic of Nigeria 1999 (as amended), 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 suit, marked FHC/L/CS/1720/22 had the 10 lawyers who as the plaintiffs.
They include: 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.
Apart from Peter Obi and the LP, other defendants are: Julius Abure, Inspector-General of Police; Commissioner of Police (Lagos State Command); Director General, Department Of State Services, DSS; Lekki Concession Company Limited; Attorney-General of Lagos State and The Governor of Lagos State.
However, the court refused to rule in favour of the plaintiffs or grant an ex parte injunction on Thursday.
The plaintiffs had raised 10 questions for the court to determine in granting the order sought if it was considered in 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 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 reliefs in the event that 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 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 honourable 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 that organising 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.
Meanwhile, the plaintiffs’ efforts to obtain an ex parte injunction on Thursday failed as the presiding judge, Justice Osiagor refused to grant the prayers, stating that there was no evidence that October 1st rally was ENDSARS rally.
The court however adjourned the matter to September 23, 2022 for further hearing and directed the plaintiffs to put all the defendants/respondents on notice.
