Lagos-based Lawyer Files N1billion Suit Against Nigerian Government, Security Agencies Over #EndBadGovernanceInNigeria Protest
The case concerns efforts to prevent a planned “hunger protest” scheduled for August 1 to 10, 2024.
Olukoya Ogungbeje, a Lagos-based lawyer, has filed a N1billion Fundamental Right Enforcement suit against the Federal Government of Nigeria and various security agencies.
The case concerns efforts to prevent a planned “hunger protest” scheduled for August 1 to 10, 2024.
The suit names the Federal Government as the first defendant, with Ogungbeje also 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.
Ogungbeje, representing himself and other concerned Nigerian citizens, argues that the planned protest is protected under Sections 33, 36, 38, 39, 40, and 46 of the 1999 Constitution of Nigeria.
He also cites the Fundamental Rights Enforcement Procedure Rules 2009 and seeks relief under the court’s inherent jurisdiction.
The court hearing for the suit is scheduled for July 31.
In his petition, Ogungbeje 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.
