Court Extends Order Restricting Abuja Protesters to National Stadium

Alex Enumah in Abuja 

Justice Sylvanus Oriji of a High Court of the Federal Capital Territory (FCT) on Tuesday, extended his order restricting the #Endbadgovernance and hunger protesters to the Moshood Abiola Stadium, Abuja.

The extension was sequel to an application by the FCT Minister, Mr Nyesom Wike.

The court had, on July 31, confined the protesters to the National Stadium so as to prevent a breakdown of law and order, as well as the destruction of lives and property in the nation’s capital, during the protest.

Besides, the court also adjourned to August 13 for hearing in the interlocutory motions after ordering the service of the suit, as well as notice of hearing on the defendants.

However, when the matter was called on Tuesday, only the applicant/plaintiff represented by Dr Ogwu James Onoja (SAN), was in court, none of the 11 defendants announced appearance or were even represented by a lawyer.

Observing that none of the defendant was in court, Onoja prayed the court to extend its earlier order till the hearing of the main suit, pointing out that the protesters had threatened to extend the nationwide protest beyond the initial 10 days. 

The senior lawyer argued that since they were not in court and no one knows their next plan of action, it would be in order to extend the order to ensure that the peace within the FCT was not unjustly disrupted. 

Responding, the judge, who observed the wanton destruction of property in Kano and some other northern states, held that the restriction order in the FCT prevented similar destructions.

Justice Oriji also pointed out that since some of the defendants were yet to be served with the substantive suit, there is need to further extend the order made on July 31, restraining protesters from gathering and protesting outside the National Stadium.

While adjourning the matter till August 22, Justice Oriji held that the order made July 22, “remains valid pending the hearing and determination of the motion on notice”.

The judge had on July 31, while ruling in an ex-parte application, restrained the five leaders of the protesting groups, including some “unknown persons” from gathering or parading themselves along any roadway, streets, offices and public premises within the FCT between August 1 to August 10, or any other day thereafter, pending the hearing and determination of the motion on notice.

The judge predicated his decision on the need to protect other citizens in the nation’s capital, as well as prevent the breakdown of law and order.

Onoja had amongst others prayed for another order of interim injunction mandating the security agencies to prevent the 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 minister, who claimed that the Federal Government was not averse to the protest, stated that intelligence and security reports reaching him indicated that some elements within the leadership of the protesters intended to capitalize on the planned protest to cause havoc and irreparable damage to public facilities and blocking of roadways to prevent movement of persons and vehicles and disturb public peace.

He claimed that when he contacted the security agencies to ensure that the planned protest did 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 tendered an exhibit from the ‘Take It Back Movement, FCT’, signed by one Damilare Adenola, in which they threatened to invade the presidential villa and also threatened to pull down the outer wires facing the Aso Rock villa during the protest 

Besides, they demanded that the FCT provide them light as well as toilet during the duration of the protest.

In his ruling, Justice Oriji, who recognized the rights of the protesters to embark on the protest, however restricted them to the stadium in view of the genuine fears expressed by the minister.

“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 properties and other public facilities are not destroyed,” the judge had held.

He therefore ordered the first to fifth respondents to “use the Moshood Abiola Stadium” only for the protest.

Meanwhile, the court ordered the service of the suit, as well as the confinement order on the respondents by placing same on the newspapers.

The defendants in the suit are Omoyele Sowore, Damilare Adenola, Adama Ukpabi, Tosin Harsogba, persons unknown, Inspector General IG of Police, Commissioner of Police, Director General of the State Security Service, Director General, Nigeria Civil Defence Corps, Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff as first to 12 respondents.