A Lagos-based lawyer, Olukoya Ogungbeje, has filed a ₦1bn Fundamental Right Enforcement suit against the Federal Government and security agencies over an alleged move to stop the proposed ‘hunger protest’ scheduled for August 1-10, 2024.
Ogungbeje, who is suing for himself and other patriotic Nigerian citizens, seeks a declaration that the planned forceful disruption of the peaceful protests is illegal, oppressive, undemocratic, and unconstitutional. He also asks for an order compelling the respondents to tender an apology and pay ₦1bn in damages.
In a 34-paragraph affidavit, Ogungbeje stated that he has a duty to protect and defend the sanctity of the Constitution from any contravention or infraction.
He claimed that the respondents plan to deploy armed soldiers and security personnel to quell the peaceful protests, depriving him and other citizens of their constitutionally guaranteed rights.
The lawyer also stated that he has an intelligence report confirming the respondents’ plans to clampdown on the peaceful protests and that the right to peaceful protest is a constitutionally guaranteed fundamental right.
Ogungbeje is asking the court to make: “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).
“A declaration that the deprivation of the Applicant and other Nigerian Citizens rights to peaceful assembly and association including rights to peaceful protests for good governance and reforms by the Respondents through planned deployment of armed state security agents, armed soldiers and security operatives in a bid to forcefully disrupt and disperse the peaceful protests slated from the 1st of August 2024 to the 10 of August 2024 without any court order is illegal, oppressive, undemocratic, unlawful unconstitutional and constitutes a flagrant 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).
“A declaration that the Judgment delivered by this Honourable Court in Suit No: FHC/L/CS/1371/2019 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors against the Respondents on the 19th of March 2020 on the rights of citizens to peaceful protest, is still valid, subsisting and binding on the Respondents until it is set aside.”
The lawyer also asked the court for the following orders: “an order compelling the Respondents jointly and severally to tender an apology to be published in ALL the widely read National Dailies/Newspapers and to pay the sum of ₦1bn only as general and exemplary damages against the Respondents.
“An order of perpetual injunction restraining the Respondents, whether by themselves, their agents, officers, soldiers, operatives, officials, servants or privies or anybody deriving authority from them by whatever name called from harassing, intimidating, arresting, detaining, inviting, arraigning, shooting, killing, charging, disrupting, dispersing, seizing or tak g any untoward action against the Applicant and other Nigerian Citizens engaged in peaceful assembly and protests slated for August 2024 or any other dates on any fact connected with or related to the facts of this case.”
The hearing of the suit has been fixed for July 31.
