Again, court declines to stop planned Oct. 1 pro-Obi rally in Lagos

For the second time in two weeks, the Federal High Court sitting in Lagos has declined to grant litigants an ex-parte injunction to halt a five-million-man- march planned by supporters of the Labour Party (LP) Presidential candidate in the 2023 General Elections, Dr Peter Obi, and his running mate, Dr Yusuf Datti Baba-Ahmed for October 1.

The court which had on Thursday, September 15 first hearing declined to grant the injunction sought by 10 lawyers against the rally, also, Wednesday, September 28 at the resumed sitting refused to stop the rally on the grounds that it portends no danger to the Lagos society as claimed by the litigants.

The planned rally by supporters of Obi and Datti is scheduled for October 1, in Lagos and is tagged; “#Obidatti23 Forward Ever Rally.”

However, in his ruling, the Presiding judge, Justice Daniel Osiagor barred marchers to steer clear of the Lekki Toll Gate and Bridge in the state.

Also, the judge who had directed that the rally procession cannot converge on the Lekki toll gate, said the marchers can pass through the toll gate to access Falomo Bridge and other venues at which the rally plans to meet.

Justice Osiagor while ruling on a motion for injunction brought by 10 plaintiffs, who are asking the court to, among others, restrain the LP, its presidential candidate Peter Obi, his running mate, Yusuf Datti Baba-Ahmed, the National Chairman of the Labour Party, Julius Abure and their loyalists from holding the rally, further directed the Inspector-General of Police and the Lagos State Police Commissioner to ensure compliance with the order.

A preliminary objection filed by the defendants (Obi, et al) seeking to stop the court from hearing the motion on the grounds that it lacked jurisdiction could however not been entertained as all parties to the suit had not been served.

The court adjourned hearing of the substantive suit till November 4.

The Lekki Toll Gate was the hotspot in the 2020 EndSARS peaceful protests which resulted in the death of nearly a dozen youths at the hands of security operatives including the Army, as soldiers fired upon unarmed protesters.

The decision by the court follows one of the prayers sought by the litigants that the march was being planned as a reenactment of the EndSARS rally of October 2020 which wreaked havoc across the country as youth protested police brutality and harsh economic conditions.

The plaintiffs brought the Originating Summons pursuant to Section 6(6) (1) of Constitution of the Federal Republic of Nigeria 1999 (as amended), section of the Police Act. 2020, section (3) of the National Security Agencies Act Cap N74, Section 1(3) of the terrorism (prevention and prohibition) Act, 2022. Order 3. Rule 6 of the federal high court (civil procedure) rules 2019 and under the inherent jurisdiction of the court.

The suit which was marked FHC/L/CS/1720/22 had the ten lawyers who are the plaintiffs, namely: Adedotun Ajulo Esq; Salamatu Suleiman Lewi Esq; Hakeem Jaduola, Esq; Ogunbona Akinpelu Esq; Owolabi K. Oluwasegun, Esq; Mogbojuri Kayode Esq; Wuyep Mantin Nadom Esq; Dimimu Mabel Esq; Kolawole Salami, Esq and Wale Abe Lawrence.

The litigants listed Peter Obi and the LP, LP National Chairman Julius Abure, Esq; Inspector-General of Police; Commissioner of Police (Lagos State Command); Director General, (Department Of State Services); Lekki Concession Company Limited; Attorney-General of Lagos State and the Governor of Lagos State, as defendants.

However, the court at the September 15 hearing of the matter declined to rule in favour of the plaintiffs and failed to grant an ex parte injunction, while also directing them to put all the defendants/respondents on notice.

Speaking on the planned rally in Lagos, Chairman of the Publicity and Media Committee for the team, Christopher Ademuyiwa, confirmed that the march will take place in three different locations in the city of Lagos.

According to Ademuyiwa, the event is being organised by a coalition of all the support teams for Obi-Datti ahead of the forthcoming presidential election.

Ademuyiwa said the rally will take place on Saturday, October 1, simultaneously in Lekki Phase 1, Archbishop Vining Memorial Church, GRA, Ikeja and Federal Housing Authority (FHA) field in Festac.

“This march is more like a carnival and the Obidients in Lagos are gearing up in large numbers to show their support for the Peter Obi and Yusuf Datti Baba-Ahmed presidential ticket.

“Also, plans have been made to have buses transport Obidients to and from their locations and the bus pickup points will be released on social media,” Ademuyiwa said.

In addition, Ademuyiwa noted that the rally is constitutional and within the legal electoral time frame and calendar of the Independent National Electoral Commission (INEC).

He also noted that all security agencies across the country have been duly notified through the appropriate channels.

“The police, Nigeria Security and Civil Defence Corps (NSCDC), Federal Road Safety Corps (FRSC) and Department of State Services (DSS) will be on the ground to provide security,” said Ademuyiwa.

In the summons, the plaintiffs had raised 10 questions for the court to determine in granting the order sought if it was considered in affirmative.

Among the questions raised include for the court to determine; “whether having regard to the true construction and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the resultant effect of the ENDSARS Protest of 2020 to destruction of lives and property, the 1, 2, 3 and 4 Defendants can hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally” being organised by their agents, privies, assigns, members or associates or howsoever described to come up on the 1 of October, 2022.”

The plaintiffs also sought reliefs in the event that their questions were resolved in the positive as the following;

“A declaration of the court that having regard to the true constructive and intent of Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the resultant effect of the ENDSARS Protest of 2020 destruction of lives and property, the 1, 2, 3 and 4 Defendants cannot hide under the guise of Right to peaceful assembly to endorse the Scheduled ENDSARS Anniversary, Protest. Rally tagged “#Obidatti23 Forward Ever Rally being organised by their agents privies assigns or associates to come up on the 1 of October.

“A declaration of this honorable court that the 1, 2, 3 and 4 Defendants are under Statutory obligations as citizens of the Federal Republic of Nigeria in view of Section 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to exercise caution, restraint on their allies, privies, assigns and associates not to carry out the END SARS Anniversary, Protest, Rally tagged “#Obidatti23 Forward Ever Rally being organized to of Section 45(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“A declaration of this honorable court that the scheduled ENDSARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally being organized by the 1, 2, 3 and 4 Defendants or their agents and associates runs la dear collision with the unequivocal relevant provisions of Terrorism (Prevention and Prohibition) Act, 2022.

“A declaration of this honorable court that, having regard to the statutory requirements as enshrined is Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 1, 2, 3 and 4 Defendants are under legal obligation to forthwith that organizing or disassociate themselves from the organizers of the END SARS Protest to come up on the 1 of October, 2022 as well as to issue public statements to halt the said protest as already scheduled for the interest of public safety and order.

“A declaration of this honorable court that the 9 Defendant is under legal duty, having regard to Section 15 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the relevant provisions of the Companies and Allied Matters Act setting out its corporate functions, to not open its space at the Lekki Toll Gate for the purposes of aiding and allowing the 1, 2, 3 and 4 Defendants as well as their agents, privies, assigns, allies and servants, the organizers of the EndSARS anniversary protest/rally tagged “#Obidatti23 Forward Ever Rally” to assemble on the 1 of October, 2022 for the purpose of celebrating the END SARS Protest Anniversary,” among others.

Those expected at the march include; the Labour Party’s governorship candidate in Lagos, Arch. Gbadebo Rhodes-Vivour and his deputy, Princess Islamiyat Abiodun Oyefusi, along with  independent support groups, civil liberty organizations, social crusaders and fans of Obi-Datti presidential project.

Marchers are expected to converge on the National Stadium in Surulere by 7am to march through Maryland (Freedom Tunnel) bus stop by 12noon for the Mainland rally.