By Jerry Uwah Lagos
A Lagos-based lawyer, Mr. Malcom Omirhobo, has fi led a suit against the Nigeria Police Force at a Federal High Court in Lagos over the alleged disruption of a mass protest planned for February 6, 2017 by popular Nigerian musician, Innocent Idibia, alias 2face. Th e lawyer had, in a class action, sued for himself and on behalf of millions of Nigerians, over the disruption of a mass protest planned by 2face. In the suit marked FHC/ CS/ 842/17, the lawyer is seeking amongst other reliefs, a declaration that by the combined provisions of sections 39 to 41 of the Constitution, it is the duty of the Police to provide security for intending protesters. He avers that a failure of the police to provide the requisite security measures in favour of a planned protest which had been slated, but rather intimidate intending protesters, constitutes a breach of citizens fundamental right to peaceful Assembly.
At the resumed hearing of the case, Omirhobo announced appearance for the applicant, while there was no legal representation for the respondents. He informed the court that he had yet to serve processes on some of the respondents in Abuja, and urged the court for time to do the needful. Consequently, the trial judge, Prof. Chuka Obiozor, ordered that all processes be regularized. He adjourned the suit until October 11 for hearing. In the suit, the applicant is seeking a declaration that the coercion and intimidation of 2face, by threatening to arrest him if he dared to lead the planned protest, amounts to a breach of his freedom of association, expression and movement. Omirhobo also seeks a declaration that the intimidation of 2face by the police, leading to a cancellation of the planned protest, which was meant to March against the rising wave of hunger and recession in the country, constitutes a breach of citizens’ rights to freedom of expression.
He is therefore, seeking an order of perpetual injunction, restraining the respondents from further preventing the applicant or other aggrieved citizens of Nigeria, from organising or convening peaceful assemblies, meetings or rallies. He is also seeking an order of perpetual injunction restraining the respondents from further issuing threat statements to members of the public, and other interest groups from exercising their fundamental rights. Th e applicant also calls for a public apology from the respondents to the generality of Nigerians, for frustrating a planned peaceful protest.
