(Isese) Alleged Violation Of Traditionalists' Rights: Lawyer Initiates Legal Offensive Against IGP, Kwara Imams, Others

•Prays Court To Award N100m Damages 

A Lagos-based lawyer and human rights crusader, Olukoya Ogungbeje, has instituted a fundamental rights enforcement suit before a Federal High Court, Ikoyi, Lagos, against the Inspector-General of Police (IGP) and seven others, for allegedly violating the fundamental rights of traditional worshippers in Kwara State, Nigeria.

The suit listed the Kwara State Police Commissioner; the State Government; Registered Trustees Of Council Of Ulama (Islamic Clerics); Justice Salihu Mohammed, Executive Secretary of Council of Ulama; Sheikh (Dr) Mohammed Bashir Saliu, Chief Imam of Ilorin and Chairman of Council of Ulama; Alfa Abdulsalam Baba Tonile Okuta-Agidu; Kwara State Magistrates Court, Ilorin, and Nigerian Correctional Service (NCoS) Ilorin, Kwara State, as 2nd to 9th respondents in the legal action designated FHC/L/CS/1674/2023.

Ogungbeje who claims to be suing all the respondents in the public interest on behalf of traditional religion adherents and worshippers in Nigeria, stated that the suit came pursuant to freedom of religion, thoughts, belief and conscience, under Sections 36, 38, 42, and 46 of the Constitution of the Federal Republic of Nigeria 1999; Order II Rules 1 And 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Order Xi of the Fundamental Rights (Enforcement Procedure) Rules 2009 and under the court’s inherent jurisdiction as imbued by Section 6(6)(b) of the Constitution.

The human rights activist is praying to the court for, “A determination of the question whether he can approach the court in public interest for the enforcement of any of the Fundamental Rights expressly enshrined under Chapter IV of the Constitution in accordance with the Fundamental Rights (Enforcement Procedure) Rules 2009 seeking redress for violation or breach of any of the rights guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), whether the reliefs sought are personal to the applicant or not

“A determination of the question whether the fundamental rights to freedom of religion guaranteed under Section 38 of the Constitution extend to traditional religion adherents who are citizens of the Federal Republic of Nigeria and can enjoy the right to freedom of religion and practice their religion and celebrate cultural festivals without any let or hindrance by the respondents in any part or State in Nigeria.

“A determination of the question whether the stoppage of the Isese cultural festival slated for 20th of August 2023 and the arrest, arraignment and remand of traditional religion adherents and worshippers by the respondents without any cause and under the guise of defamation of character, does not constitute a brazen violation of traditional religion adherents' rights to freedom of religion, thoughts, and conscience.

“A determination of the question whether if the above questions are in the affirmative, the stoppage of the Isese cultural festival slated for 20th of August 2023 and the arrest, arraignment and remand of traditional religion adherents as Nigerian citizens is not a violent violation of the rights to a fair hearing and right to freedom of religion, as enshrined under Sections 36 and 38 of the Constitution of the Federal Republic of Nigeria and ought not to be deprecated and declared unconstitutional”.

As of the time of filing this report, the respondents are yet to file any response to the legal offensive, and no date has been fixed for the hearing of the applicant's motion on notice.

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