Court declines to stop planned Obi-Datti rally in Lagos, adjourns till Sept 23

Federal High Court sitting in Lagos has adjourned till September 23 further hearing in the suit filed by ten lawyers seeking to halt the planned march by supporters of the Labour Party (LP) Presidential candidate in the 2023 General Elections, Dr Peter Obi, and his running mate, Dr Yusuf Datti Baba-Ahmed.

The court which also declined to grant the litigants an ex-parte injunction to halt the planned rally, Thursday, said the planned portends no danger to the Lagos society as claimed by the former.

The planned rally by supporters of Obi and Datti is scheduled for October 1, in Lagos and is tagged; “#Obidatti23 Forward Ever Rally.”

Presiding judge, Justice Osiagor while declining to grant the prayers of the plaintiffs, further directed them to put all the defendants/respondents on notice.

Ten lawyers had dragged Obi and his running mate, Baba-Ahmed, before the Federal High Court seeking an order to stop the march on the grounds that it is a reenactment of the EndSARS rally of October 2020 which wreaked havoc across the country as youth protested police brutality and harsh economic conditions.

The plaintiffs brought the Originating Summons pursuant to Section 6(6) (1) of Constitution of the Federal Republic of Nigeria 1999 (as amended), section of the Police Act. 2020, section (3) of the National Security Agencies Act Cap N74, Section 1(3) of the terrorism (prevention and prohibition) Act, 2022. Order 3. Rule 6 of the federal high court (civil procedure) rules 2019 and under the inherent jurisdiction of the court.

The suit which was marked FHC/L/CS/1720/22 had the ten lawyers who are the plaintiffs,namely: Adedotun Ajulo Esq; Salamatu Suleiman Lewi Esq; Hakeem Jaduola, Esq; Ogunbona Akinpelu Esq; Owolabi K. Oluwasegun, Esq; Mogbojuri Kayode Esq; Wuyep Mantin Nadom Esq; Dimimu Mabel Esq; Kolawole Salami, Esq and Wale Abe Lawrence.

The litigants listed Peter Obi and the LP, LP national Chairman Julius Abure, Esq; Inspector-General of Police; Commissioner of Police (Lagos State Command); Director General, (Department Of State Services); Lekki Concession Company Limited; Attorney-General of Lagos State and the Governor of Lagos State, as defendants.

However, the court refused to rule in favour of the plaintiffs and failed to grant an ex parte injunction on Thursday.

The defendants had raised ten questions for the court to determine in granting the order sought if it was considered in affirmative.

Among the questions raised include for the court to determine; “whether having regard to the true construction and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the resultant effect of the ENDSARS Protest of 2020 to destruction of lives and property, the 1, 2, 3 and 4 Defendants can hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally” being organised by their agents, privies, assigns, members or associates or howsoever described to come up on the 1 of October, 2022.”

The plaintiffs also sought reliefs in the event that their questions were resolved in the positive as the following;

“A declaration of the court that having regard to the true constructive and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the resultant effect of the ENDSARS Protest of 2020 destruction of lives and property, the 1, 2, 3 and 4 Defendants cannot hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest. Rally tagged “#Obidatti23 Forward Ever Rally being organised by their agents privies assigns or associates to come up on the 1 of October.

“A declaration of this honorable court that the 1, 2, 3 and 4 Defendants are under Statutory obligations as citizens of the Federal Republic of Nigeria in view of Section 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to exercise caution, restraint on their allies, privies, assigns and associates not to carry out the END SARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally being organized to of Section 45(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“A declaration of this honorable court that the scheduled ENDSARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally being organized by the 1, 2, 3 and 4 Defendants or their agents and associates runs la dear collision with the unequivocal relevant provisions of Terrorism (Prevention and Prohibition) Act, 2022.

“A declaration of this honorable court that, having regard to the statutory requirements as enshrined is Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 1, 2, 3 and 4 Defendants are under legal obligation to forthwith that organizing or disassociate themselves from the organizers of the END SARS Protest to come up on the 1 of October, 2022 as well as to issue public statements to halt the said protest as already scheduled for the interest of public safety and order.

“A declaration of this honorable court that the 9 Defendant is under legal duty, having regard to Section 15 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the relevant provisions of the Companies and Allied Matters Act setting out its corporate functions, to not open its space at the Lekki Toll Gate for the purposes of aiding and allowing the 1, 2, 3 and 4 Defendants as well as their agents, privies, assigns, allies and servants, the organizers of the EndSARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally” to assemble on the 1 of October, 2022 for the purpose of celebrating the END SARS Protest Anniversary,” among others.