BY ANTHONY OCHELA, ABUJA
High Court of the Federal Capital Territory, FCT, Wednesday declined to vacate an order restricting the #EndBadGovernance protesters to Moshood Abiola Stadium.
The vacation court rather opted to return the case file to the chief judge of the High Court for reassignment to a regular court for adjudication.
The suit was instituted by the FCT Minister, Nyesom Wike, against the protesters led by Omoyele Sowore and others.
At yesterday’s proceedings, Justice Sylvanus Oriji requested explanation from the counsel to the FCT minister, George Ibrahim, whether the suit still had life in view of the fact that the August 1- 10 protest had come and gone.
The counsel in his explanation drew the attention of the judge to a letter written to the FCT minister by the protesters where they asserted that the protest might last longer than August 10.
He also drew the attention of the court to fresh processes filed by Sowore and three others where he alleged that they were still in the mood for another round of protest.
Although Justice Oriji maintained that the order he issued on July 31 in an ex-parte application was for August 1 to 10 protest, the FCT minister said it would be in the interest of peace for the order to last till the determination of his motion on notice.
The lawyer informed the court that Sowore and three other defendants, through their lawyer, Inibehe Effiong, served him four different voluminous processes on September 2 and that thet were contentious.
He requested for an adjournment to enable him read the processes and respond appropriately.
However, Effiong did not object to the adjournment request, but applied that the restraining order against his clients be discharged, arguing that the life span of the restriction order had lapsed since August 10.
Justice Oriji, after listening to the two counsels, reminded them that the vacation of the FCT court would terminate on September 13, while normal court sitting would commence and he would not be able to fully determine the matter in the remaining few days.
The judge held that the proper thing in the circumstances was to refer the case file to the chief judge to be re-assigned to any of the normal courts.
He consequently ordered that the case file be made available to the chief judge for the matter to be heard after vacation.
The judge had on July 31 restricted the anti-hunger protesters to the National Stadium so as not to disrupt free flow of vehicles and movement of people, as well as not to destroy public and private properties in the nation’s capital.
The restriction order was on August 13 extended, following the absence of the defendants in court.
The FCT minister, through his lead counsel, Dr James Ogwu Onoja (SAN) had on July 31 argued an ex-parte motion which prompted the confinement of the protesters to the National Stadium to prevent breakdown of law and order, as well as the destruction of lives and properties during the protest.
Onoja had, amongst others, prayed for another order of interim injunction mandating 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 intend to capitalise on the planned protest to cause havoc and irreparable damage to public facilities and block roads to prevent the movement of persons and vehicles, and disturb public peace.
He claimed that when he contacted security agencies to ensure that the planned protest does 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, signed by Damilare Adenola, in which they threatened to invade the Presidential Villa and also pull down the outer wires fencing the Aso Rock villa during the protest.
In his ruling, Justice Oriji, who recognised the rights of the protesters to embark on the protest, however, restricted them to the stadium in view of the fears expressed by the minister.
Apart from Sowore, Adenola, Adama Ukpabi and Tosin Harshiogbe, other defendants in the suit are the Inspector General of Police, IGP, Commissioner of Police, director-general of the Department of State Service, DSS, commandant-general of the Nigeria Security and Civil Defense Corps, NSCDC, Chief of Army Staff, Chief of Air Staff, and the Chief of Naval Staff.
