Buhari, Malami, IG, Others Sued for Alleged Violation of Freedom of Movement, Expression

A human rights lawyer, Chief Malcolm Omirhobo, on Wednesday dragged President Muhammadu Buhari, the Attorney General of the Federation (AGF), Abubakar Malami, and the Inspector General of Police (IG), Ibrahim Idris, before a Federal High Court sitting in Lagos over an alleged violation of fundamental human rights of some Nigerian citizens.

The lawyer, who sued for himself and on behalf of the Nigerian Bar Association (NBA), Ikeja branch, and the Nigerian public, is asking the court to declare that it is undemocratic, illegal and unconstitutional for the IG and Lagos State Commissioner of Police and his agents to prevent Ikeja NBA members and others from carrying out their planned peaceful protest on March 29, 2018, by laying siege at the body’s Secretariat within the Lagos State High Court Ikeja Judicial Division premises on Wednesday.

Also joined as respondent in the suit, is the Lagos State Commissioner of Police.

According to the applicant, who is also a member of NBA Ikeja branch, the facts of the case are that the Lagos State Government on March 12, 2018, reviewed its Land Use Charge by 200 percent in the face of economic hardship and biting effects of the recession of the Nigerian economy.

The said review led to a large section of the Nigerian populace particularly Lagosians, the organised private sector, residents, land lords, opposition political parties, business and professional associations to oppose it. At the vanguard of the opposition to the new rate is the NBA, Ikeja branch, and civil society groups.

He explained that Ikeja branch association scheduled to stage a peaceful protest against the state government reviewed Land Use Charge on March 29, 2018, but unfortunately, a day before the planned protest, over 50 heavily armed policemen laid siege of the NBA Ikeja branch secretariat in a bid to arrest officials of the body in order to frustrate and stop the protest.

The lawyer said Lagos State Commissioner of Police (fourth respondent) issued a statement to the public categorically warning the public that the police would not tolerate any group or persons protesting in Lagos State and its environs between March 29 to 30 because President Buhari (first respondent) would be on a two-day official visit to the state, alleging that that the NBA Ikeja branch is being used by some disgruntled politicians.

He said: “The fourth respondent threatened to arrest and charge to court anyone who ventures to come out to stage the protest in Lagos during the first respondent’s visit. The fourth respondents advised parents to caution their wards against being used as tools by some unscrupulous elements.

“Based on above blackmail, intimidation and coercion of the officials of the NBA Ikeja branch by the third and fourth respondents, their servants, agents and privies, the body called off the protest resulting in a large section of the Nigerian population being cowed not to get themselves involved in the protest for fear of the reprisal of the third and fourth respondents, their servants, agents and/or privies.

“Worried about the continues violation of the fundamental rights of Nigerians to freedom to associate, freedom to express themselves and freedom to move freely to protest by the third and fourth respondents, their servants, agents and/or privies, the applicant is bringing this application to protect the rights of Nigerians.”

The applicant, among other reliefs, is praying the court to declare the act of the third and fourth respondents is a flagrant violation and a breach of the fundamental rights of the members of the NBA Ikeja branch, and by extension, the generality of the Nigerian public intending protesters freedom to assemble, express their thoughts and minds and freedom of movement.

He also praying the court to declare that the two-day official visit of President Buhari to Lagos State is not enough reason for the third and fourth respondents, their servants, agents and/or privies to deprive the public from exercising their fundamental rights to freedom of assembly, expression and movement.

The applicant also wants the court to restrain third and fourth respondents from further issuing threatening statement to members of NBA Ikeja branch and the Nigerian public intending to stage a peaceful protest.

Furthermore, the lawyer urged the court to order the respondents to issue a public apology, which should be published in four to five nationally circulated newspapers for two weeks consecutively to NBA Ikeja branch and the public for frustrating and aborting a planned peaceful protest thereby violating their fundamental rights.