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The candidates. |
Nine lawyers and one other plaintiff have asked the Federal High Court Lagos to stop the Labour Party (LP), its candidates, and supporters from conducting a rally tagged “#Obidatti23 Forward Ever Rally” on October 1 or any other date, in Lagos State.
They
specifically asked the court to restrain the LP, its presidential candidate
Peter Obi, his vice; Yusuf Datti Baba-Ahmed, one Julius Abure, and their
loyalists from holding the rally, until the hearing and determination of their
motion-on-notice of September 12.
The
10 plaintiffs are Adedotun Ajulo Esq., Salamatu Suleiman Lewi Esq.,
Hakeem Ijaduola, Esq., Ogunbona Akinpelu Esq., Owolabi K. Oluwasegun, Esq.,
Mogbojuri Kayode Esq., Wuyep Mantim Nadom Esq., Dimimu Mabel, Esq., Kolawole
Salami, Esq. and Wale Abe Lawrence(the only non-lawyer).
They
filed the suit against the 1st to 10th defendants; Obi, LP, Baba-Ahmed, Abure,
the Inspector-General of Police (IGP), Commissioner of Police (Lagos State
Command), Director-General (Department of State Services), Lekki Concession
Company (LCC) Limited, Attorney-General of Lagos State and the Governor of
Lagos State.
In
an ex parte motion filed before Justice Daniel Osiagor through their counsel
Mr. Dada Awosika, SAN, leading Temilolu Ademolekun and others, the plaintiffs
argued that a repeat or celebration of the “infamous” #EndSARS protest of 2020
under the political guise of “#Obidatti23 Forward Ever Rally” will cause a
breakdown of peace and will result in a post-traumatic stress disorder for them
and the public.
They
asked the court for four reliefs – “An order of interim injunction restraining
the 1st, 2nd, 3rd, and 4th defendants; their associates and loyalists from
conducting the scheduled #EndSARS rally tagged as the “#Obidatti23 Forward Ever
Rally on the 1st of October, 2020 or any other subsequent date, at the Lekki
Toll Gate until the hearing and determination of the Motion-On-Notice dated the
12 Day of September, 2022;
“An
order of interim injunction restraining the 1st 2nd, 3rd, and 4th defendants
and their loyalists from further planning and promoting the Scheduled #EndSARS
rally tagged as the “#Obidatti23 Forward Ever Rally.
“An
order of interim injunction restraining the 5th 6th, 7th Defendants from
allowing or granting permissions to the 1st, 2nd, 3rd, and 4th Defendants,
their agents, and the organizers of “#Obidatti23 Forward Ever Rally” at the
behest of the 1st, 2nd, 3rd, and 4th Defendants from carrying out the said
anniversary on the 1st of October, 2022 and any other subsequent date.
“An
order of interim injunction restraining the 8th Defendant (LCC) from granting
permission to the 1st, 2nd, 3rd, and 4th Defendants; their agents, privies,
allies, and loyalists, to make use of the Lekki Toll Gate or any space under
and within the control of the 8th Defendant for carrying out the said
anniversary on the 1st of October, 2022 and any other subsequent date.
Justice
Osiagor directed the plaintiffs to put all the defendants on notice. The judge
made the order following Awosika’s application.
He
then adjourned the hearing of the substantive motion till September 23.
The
plaintiffs, by their originating summons filed on the 9th of September, 2022
listed 12 grounds upon which the judge should grant their reliefs.
They
include, “That the actions of the supporters, agents, privies and loyalists of
the 1, 2nd, 3rd and 4 defendants to conduct the scheduled rally tagged
“#Obidatti23 Forward Ever Rally” to hold on the 1 of October 2022 is contrary
to Section 45(1) of the Constitution of the Federal Republic of Nigeria as well
as the actions of the 5, 6, 7, 8, 9 and 10 Defendants by allowing the 1-4
Defendants amounts to an overreach in executive powers and a breach of
statutory duties bestowed on them.
“That
the 1st, 2nd, 3rd, and 4th defendants, their agents, privies, allies, and
loyalists have gone beyond the reach of their fundamental right to assembly as
the scheduled rally tagged as “#Obidatti23 Forward Ever Rally” is in
contravention with the purports of Section 45(1) of the Constitution.
“That
the 5, 6, and 7th defendants are security agencies enacted by relevant statutes
and have the sole duty and responsibility to maintain public safety, law, and
order in the society at large.
“That
the 5th 6th and 7th defendants have failed to do their duties as required of
them by the law by granting permission to the 1, 2, 3, and 4th Defendants;
their agents, privies, allies, and loyalists to conduct the scheduled rally
tagged as “#Obidatti23 Forward Ever Rally” on the 1st of October, 2022 at the
Lekki Toll Gate.
“That
the 8th defendant is in gross breach of the purports of Section 38(2) of the
Companies and Allied Matters Act, 2020 to not donate its property to any
political party or political association or for any political cause to which
the 8 Defendant has failed forthwith.
“That
the 9th and 10th defendants, being constitutionally enacted offices, have
statutorily bestowed duties and obligations to the general public to preserve
and maintain law, public order, and safety and also ensure compliance with the
law to which they have failed forthwith.
“That
the scheduled rally tagged as “#Obidatti23 Forward Ever Rally” is to hold on
the 1st of October, 2022, and failure to restrain the defendants from the
conduction of the said rally would amount to another display of great
destruction to lives and properties as it ensued during the #EndSARS protest of
2020.
“That
a repeat or celebration of the said infamous #EndSARS protest of 2020 in this
year 2022 under the political guise of “#Obidatti23 Forward Ever Rally” will
result in a total breakdown of peace and will result in a post-traumatic stress
disorder for me and the other plaintiffs, as well as some affected member of
the public as same has generated major controversy on the social media with
loyalist and members of other political camps, are equally threatening a rival
rally at the same date and venue for convergence.”
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