A Lagos-based lawyer, Olukoya Ogungbeje has dragged the Federal Government of Nigeria and various security agencies to court in a N1billion Fundamental Right Enforcement suit, and significantly, over there efforts to prevent the planned "hunger protest" scheduled for August 1 to 10, 2024.
The Federal Government was named as the first defendant in the suit, with Ogungbeje listed as a second respondent, alongside the National Security Adviser (NSA), Chief of Defence Staff, Chief of Army Staff, Nigerian Army, Inspector General of Police (IGP), Nigeria Police Force (NPF), Department of State Security Service (DSS), and the Director General of the State Security Service.
Representing himself and other concerned Nigerian citizens, Ogungbeje is insistent that the planned protest is protected under Sections 33, 36, 38, 39, 40, and 46 of the 1999 Constitution of Nigeria.
In the suit slated for court hearing for today, July 31, 2024, he also cites the Fundamental Rights Enforcement Procedure Rules 2009 and seeks relief under the court’s inherent jurisdiction.
Ogungbeje, in his petition seeks, “A declaration that any attempt to forcibly disrupt, disperse, or prevent the peaceful assembly and protest scheduled from August 1 to August 10, 2024, by deploying armed state security agents, soldiers, or other operatives, without a court order, is illegal, oppressive, undemocratic, unlawful, unconstitutional, and a violation of rights under Sections 38, 39, and 40 of the Constitution.
“A declaration affirming that the court's judgment in Suit No: FHC/L/CS/1371/2019, delivered on March 19, 2020, regarding citizens' rights to peaceful protest, remains valid and binding until overturned.”
Ogungbeje also requests the court for, “An order for the respondents to issue a public apology in all major national newspapers and to pay ₦1 billion in general and exemplary damages.
“A perpetual injunction restraining the respondents, their agents, officers, soldiers, and other affiliates, from harassing, intimidating, arresting, detaining, or taking any adverse action against participants in the peaceful protest scheduled for August 2024 or any related events.”
In a supporting affidavit, Ogungbeje outlines his role as a legal practitioner dedicated to upholding constitutional rights.
He describes consultations made by Nigerian citizens and civil society organizations regarding the planned protests and affirms his support for these demonstrations as constitutionally protected rights.
He cites intelligence reports and statements from government officials suggesting plans to suppress the protests with armed force, which he argues would violate citizens' constitutional rights.
Ogungbeje asserts that his application is filed in the public interest, under the Fundamental Rights (Enforcement Procedure) Rules 2009 and Section 46 of the Nigerian Constitution, and argues that such preventive measures against peaceful assembly are unjustified and should be halted.
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