A Federal High Court sitting in Ikoyi, Lagos, presided over by Justice Daniel Osiagor, was on Thursday prayed to restrain the Labour Party (LP), its candidates, and supporters from conducting an EndSARS rally tagged “#Obidatti23 Forward Ever Rally” which is slated to hold on October 1, 2022 or any other date in Lagos.
Ten plaintiffs, which included nine lawyers made the request wherein they are urging Justice Osiagor to restrain the LP, its presidential candidate, Peter Obi, his running mate, Yusuf Datti Baba-Ahmed, one Julius Abure and their loyalists from holding the rally until the hearing and determination of their Motion-On-Notice dated September 12, 2022.
The plaintiffs are Adedotun Ajulo, Salamatu Suleiman Lewi, Hakeem Ijaduola, Ogunbona Akinpelu, Owolabi K. Oluwasegun, Mogbojuri Kayode, Wuyep Mantim Nadom, Dimimu Mabel, Kolawole Salami, and Wale Abe Lawrence.
The 1st to 10th defendants in the suit designated FHC/L/CS/1729/2022 are Obi, LP, Baba-Ahmed, Abure, the Inspector-general of Police (IGP), Commissioner of Police (Lagos State Command), Director-General (Department of State Services), Lekki Concession Company (LCC) Limited, Attorney-General of Lagos State and the Governor of Lagos State.
The plaintiffs initiated an ex-parte motion before Justice Osiagor-led’s court through their lawyer, Dada Awosika, SAN. They specifically argued that a repeat or celebration of the “infamous” EndSARS protest of 2020 under the political guise of “#Obidatti23 Forward Ever Rally” will cause a breakdown of peace and will result in post-traumatic stress disorder for them and the public.
As a result, the plaintiffs ate asking the court for the following reliefs:
“An order of interim injunction restraining the 1st, 2nd, 3rd and 4th defendants; their associates and loyalists from conducting the scheduled ENDSARS rally tagged as the “#Obidatti23 Forward Ever Rally on the 1st of October 2022 or any other subsequent date, at the Lekki Toll Gate until the hearing and determination of the Motion-On-Notice dated the 12th Day of September 2022;
“An order of interim injunction restraining the 1st 2nd, 3rd and 4th defendants and their loyalists from further planning and promoting the scheduled ENDSARS rally tagged as the “#Obidatti23 Forward Ever Rally”;
“An order of interim injunction restraining the 5th, 6th, 7th Defendants from allowing or granting permissions to the 1st, 2nd, 3rd and 4th Defendants, their agents, and the organisers of “#Obidatti23 Forward Ever Rally” at the behest of the 1st, 2nd, 3rd and 4th Defendants from carrying out the said anniversary on the 1st of October 2022 and any other subsequent date;
“An order of interim injunction restraining the 8th Defendant (LCC) from granting permission to the 1st, 2nd, 3rd and 4th Defendants; their agents, privies, allies and loyalists, to make use of the Lekki Toll Gate or any space under, and within the control of the 8th Defendant for carrying out the said anniversary on the 1st of October 2022 and any other subsequent date.”
Justice Osiagor directed that the plaintiffs put all the defendants on notice, and subsequently adjourned until September 23, 2022, for hearing of the substantive suit.
According to the Originating Summons filed on September 9, 2022, the Plaintiffs listed 12 grounds upon which the judge should grant their reliefs.
They include “that the actions of the supporters, agents, privies, and loyalists of the 1st, 2nd, 3rd and 4th Defendants to conduct the scheduled rally tagged “#Obidatti23 Forward Ever Rally” to hold on the 1st of October 2022 is contrary to Section 45(1) of the Constitution of the Federal Republic of Nigeria, as well as the actions of the 5th, 6th, 7th, 8th, 9th and 10th Defendants by allowing the 1st-4th Defendants, amounts to an overreach in executive powers and a breach of statutory duties bestowed on them.
“That the 1st, 2nd, 3rd and 4th Defendants, their agents, privies, allies, and loyalists have gone beyond the reach of their fundamental right to assembly as the scheduled rally tagged as “#Obidatti23 Forward Ever Rally” is in contravention with the purports of Section 45(1) of the Constitution.
“That the 5th, 6th and 7th Defendants are security agencies enacted by relevant statutes and have the sole duty and responsibility to maintain public safety, law, and order in the society at large.
“That the 5th 6th and 7th Defendants have failed to do their duties as required of them by the law by granting permission to the 1st, 2nd, 3rd and 4th Defendants; their agents, privies, allies, and loyalists to conduct the scheduled rally tagged as “#Obidatti23 Forward Ever Rally” on the 1st of October 2022 at the Lekki Toll Gate.
“That the 8th Defendant is in gross breach of the purports of Section 38(2) of the Companies and Allied Matters Act, 2020 to not donate its property to any political party or political association or for any political cause to which the 8th Defendant has failed forthwith.
“That the 9th and 10th Defendants, being constitutionally enacted offices, have statutorily bestowed duties and obligations to the public to preserve and maintain law, public order, safety and also ensure compliance with the law to which they have failed forthwith.
“That the scheduled rally tagged as “#Obidatti23 Forward Ever Rally” is to hold on the 1st of October 2022 and failure to restrain the Defendants from the conduction of the said rally would amount to another display of great destruction to lives and properties as it ensued during the ENDSARS Protest of 2020.
“That a repeat or celebration of the said infamous ENDSARS protest of 2020 in this year 2022 under the political guise of “#Obidatti23 Forward Ever Rally” will result in a total breakdown of peace and will result in a post-traumatic stress disorder for myself and the other Plaintiffs as well as some affected member of the public as same has generated major controversy on the social media with loyalist and members of other political camps are equally threatening a rival rally at the same date and venue for convergence.”
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