Just a few hours before the start of the August 1-10 End Bad Governance protest across Nigeria, Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT) on Wednesday restricted the participants in the protest in the country’s capital, Abuja, to the MKO Abiola National Stadium.
The judge issued the restricting order today while ruling on an ex-parte application brought before the court by the Minister of the Federal Capital Territory, Nyesom Wike.
Joined as respondents in the suit are Omoyele Sowore; Damilare Adenola; Adama Ukpabi; Tosin Harsogba; persons unknown, Inspector General of Police; Commissioner of Police; Director General of the State Security Service; Director General, Nigeria Civil Defense Corps; Chief of Army Staff; Chief of Air staff and Chief of Naval Staff.
The minister, had in the application argued by Chief Ogwu James Onoja SAN, sought an order of interim injunction restraining the five leaders of the protesting groups from gathering or parading themselves along any roadway, streets, offices and public premises within the FCT between August 1 and August 10, or any other day thereafter, pending the hearing and determination of the motion on notice.
He also sought another order of interim injunction mandating security agencies to prevent the protesting leaders from gathering or parading themselves along any roadway, offices or public premises within the FCT between August 1 and 10, pending the hearing of his motion on notice.
The FCT Minister argued that the Federal Government was not averse to the protest and claimed that intelligence and security reports reaching him indicated that some elements within the leadership of the protesters intend to capitalise on the planned protest to cause havoc and irreparable damages to public facilities and blocking of roadways to prevent movement of persons and vehicles and disturb public peace.
He further claimed that when he contacted security agencies to ensure that the planned protest do not degenerate into criminality and disturbance of public peace and order, he was told that they are not well equipped to manage any crisis that may arise from the planned protest at a short notice, hence they advised him that prevention is better than cure.
The minister then tendered an exhibit from the “Take it Back Movement, FCT”, which was signed by one Damilare Adenola, in which it threatened to not only to invade the Presidential Villa but also pull down the outer wires facing the Aso Rock Villa during the protest.
The group also demanded that the FCT provide them light as well as toilet during the duration of the protest.
In his ruling, Justice Oriji, while recognising rights of the protesters to embark on the protest, however restricted them to the MKO Abiola National Stadium as a result of the genuine fears expressed by the minister.
The judge held that it is appropriate for it to grant an order to ensure that rights of protesters are guaranteed, while the protest does not affect rights of other citizens.
“In the light of the above, the court considers it appropriate and expedient to grant an order under the omnibus or general prayer to ensure that the rights of the protesters are guaranteed and that the protest does not negatively or adversely affect the rights of other citizens to move about and to ensure that that properties and other public facilities are not destroyed,” the judge held.
Justice Oriji subsequently ordered the first st to fifth respondents to use the Moshood Abiola Stadium only for the protest.
Meanwhile, the court ordered the service of processes in the suit as well as the confinement order on the respondents by placing same in newspapers.
NIGERIAN TRIBUNE