A Federal Capital Territory High Court in Gudu, Abuja, on Wednesday declared as illegal the disruption of a protest led by a former member of the House of Representatives, Dino Melaye, in Abuja on May 9, 2014.
The protesters were demanding government’s action for the rescuing of the over 200 girls abducted from Government Secondary School, Chibok, Borno State, by the violent Islamic sect, Boko Haram, on April 14.
Justice Abubakar Talba in his judgment ruled that the Police Order Act, Cap 382, Laws of Nigeria, 1990, “does authorise men of the Nigeria Police Force to disrupt rallies or possession on the issue of the abducted Chibok girls.”
The judge also declared as illegal the act of the police disrupting the protest on the grounds that a prior police permit was not obtained.
He agreed with the applicant (Melaye) that his arrest and the disruption of the protest caused him “unprecedented humiliation embarrassment” and amounted to a gross violation of his rights.
The judge held that failure of the respondents (the Inspector-General of Police and the FCT Commissioner of Police) to file any process opposing the suit was tantamount to an admission of the allegations leveled against them by the applicant.
The judge therefore ordered both the Inspector-General of Police, Mr. Mohammed Abubakar, and the FCT Commissioner of Police, Mr. Joseph Mbu, to pay N150,000 to Melaye as compensation for wrongfully arresting him and disrupting the protest.
He also ordered the respondents to “tender a written apology to the applicant as provided for under Section 35(6) of the Constitution of the Federal Republic of Nigeria (as amended).”
The judge also granted an order of perpetual injunction restraining the respondents and their agents from further “harassing, molesting, intimidating, abducting, arresting, detaining and prosecuting the applicant in respect of peaceful rallies or procession in Abuja or any part of Nigeria.”
The judgment was on a fundamental rights enforcement suit filed by Melaye challenging the disruption on the protest led by him in Abuja on May 9.
Delivering judgment in the suit marked, CV/1521/14, on Wednesday, Justice Talba said, “The arrest of the applicant an the threat to further arrest him in respect of rallies or possession is unlawful. The disruption of peaceful rallies and procession by agents of the 1st and 2nd respondents is illegal and unconstitutional.”
In a supporting affidavit deposed to by his lawyer, Reuben Egwuaba, it was stated that “men of the Nigeria Police Force under the instruction of the 1st and 2nd respondents (IGP and the FCT Commissioner of Police) came to the venue of the rallies to arrest the applicant and forcefully beat the applicant on ground that the rallies or possession should be suspended by the applicant and his group.” Click to signup for FREE news updates, latest information and hottest gists everyday
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