A Lagos High Court has restricted protesters taking part in
the proposed August 1 nationwide protest to the Gani Fawehinmi Freedom Park in
Ojota, and Peace Park in Ketu area of Lagos State.
The court presided over by Justice Emmanuel Ogundare gave
the restriction on Tuesday following a preemptive exparte application filed the
state Attorney -General and Commissioner for Justice, Mr Lawal Pedro, SAN,
seeking to maintain and secure public safety and prevent irreparable loss of
lives and property in the state during the period of the protests.
Listed in the application as co-defendants are Adamma Ukpabi
and Tosin Harsogba (for Active Citizens Group); Comrade Juwon Sanyaolu and
Hassan Soweto (for Take it Back Movement); Persons unknown and Commissioner of
Police, Lagos State.
While moving his application before the court, Mr. Pedro argued that as the Chief Law Officer of the State and having been privy to notices by different interests who are for and against the nationwide protest, there is the need to protect the critical infrastructures of the state and prevent an irreparable loss of lives and property as witnessed during the EndSARS protest in 2020.
Pedro maintained that the Police in the State do not have
sufficient manpower to provide security support for the protesters who planned
to protest in all the local government councils and public highways and other
areas of public access in the State.
He further argued that there is a need to prevent the
protest from being hijacked by hoodlums who are prepared to breach law and
order and cause destruction in different locations in the State in the pretext
of public protest against alleged bad governance.
According to Pedro, “In recognition of the citizens’
fundamental right to stage public protest against government policies and
actions but prevent unlawful destruction of lives and properties in the
process, the Lagos State Government has designated two public spaces and
locations in the State where citizens can meet and converge to protest or
express their displeasure against government. The locations are Gani Fawehinmi
Freedom Park, Ojota, Lagos State and Peace Park, Ketu, Lagos State.
“Public protest in all the local government councils and
public highways as well as other areas of public access in the State for 10
days is a deliberate plan to shut down the State and if this is allowed it will
amount to economic sabotage.
“An order of court is required in the circumstances so as to
protect the fundamental rights of 1st to 5th Defendants/Respondents to protest
and other residents opposed to the protest to go about their lawful without
harassment, disturbance and destruction of public buildings/properties.”
After listening to his argument, Justice Ogundare granted
all the reliefs sought in the application.
He held: AN ORDER OF PRE-EMPTIVE REMEDY by way of interim
injunction is hereby granted restraining the 1st to 5th Defendants/Respondents
whether by themselves, their agents, privies, servants or any other person(s)
acting through them from converging and carrying out their proposed peaceful
public protest, rallies, procession and meetings in Lagos State from the 1-10″
August 1-10, 2024 excerpt in the
approved designated location for peaceful public protest, rallies and meetings,
to wit: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State and Peace
Park Ketu Lagos from 8 .00 am to 6pm pending compliance with the pre-action
protocol by the Claimant.
“AN ORDER OF PRE-EMPTIVE REMEDY by way of interim
preservative order is hereby granted directing the 6th Defendant to protect the
fundamental rights of the 1st to 5th Defendants/Respondents to freedom of
association, peaceful public protest, procession and tallies in the approved
designated location for peaceful public protest, rallies and meetings in Lagos
State, To wit: Gani Fawehinm Freedom Park, Ikorodu Road Ojota, Lagos and Peace
Park, Ketu Lagos from 8am to 6pm on August 1-10, 2024 pending compliance with
the pre-action protocol by the Claimant.
“AN ORDER OF PRE-EMPTIVE REMEDY by way of interim
preservative order is hereby granted directing the 6th Defendant to provide
security support and traffic management support to the 1st to 5th Defendants at
the approved designated location for their proposed peaceful public protest,
rallies and meetings in Lagos State, To wit: Gani Fawehinmi Freedom Park,
Ikorodu Road, Ojota, Lagos State and Peace Park Ketu Lagos from 8am to 6pm on
1st -10% August, 2024 pending compliance with the pre-action protocol by the
Claimant.
“An Order of substituted service of the Order of this Court
in this matter, the Memorandum of Claim/Letter of Claim and all other pre
action protocols documents on the 1st- 5th Defendants/Respondents by Newspaper
publication in a National daily to wit:
any other widely read newspaper and the service shall be deemed as good
and sufficient service on the Defendants/Respondents. “
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