Land Use Charge:Lagos Lawyer, Omirhobo Sues Buhari, AGF, IGP Over Abortion Of NBA’s Protest

LAGOS APRIL 9TH (NEWSRANGERS)-A Lagos lawyer, Chief (Barr) Malcolm Omirhobo has filed a case at the Federal High Court, Lagos suing President Muhammadu Buhari, Attorney-General of the Federation, (AGF) Mr. Abubakar Malami, Inspector-General of Police (IGP), Mr Ibrahim Idris and Lagos state Police Commissioner, Mr Edgal Imohimi for aborting the proposed NBA Ikeja Branch protest against Lagos state introduction of the new land Use charge.
He said the police action has infringed on the enforcement of his foundermental rights and those of members of the Nigerian Bar Association, Ikeja branch and the Nigerian public to freedom of Association, expression and movement.
In an originating motion dated March 28th, 2018, made available to NewsRangers, the erudite lawyer accused the Nigerian police for aborting a proposed peaceful protest of members of NBA, Ikeja branch by positioning fifty heavily armed policemn at the NBA Ikeja secretariat in a bid to arrest officials of NBA so as to frustrate and stop the protest against the newly introduced land use Act because of the visit of President Muhammadu Buhari.
He argued that the Lagos State police which is the 4th Respondent in the case issued a press statement to the public categorically warning the Public that the police will not tolerate any group or persons to protest in Lagos State and environs between 29/3/2019 to 30/3/2018, because Buhari who is the 1st Respondent would be on a two days official visit to the State, while accusng the Nigerian Bar Association, Ikeja Branch of being manipulated by some disgruntled politicians.
He equally accused the police of threatening to arrest anyone who ventures to come out to stage protest in Lagos during Buhari’ visit, adding that the police further threatened to charge anyone who dares to come out to stage protest in Lagos during the President’s visit to court with very severe offences.
He alleged that the police also advised parents to caution their wards, against being used as tools by some unscrupulous elements.
Omirhobo further stated that based on the above blackmail, intimidation and coercion of the officials of the Nigerian Bar Association Ikeja Branch by the police, their servants, agents and privies, the body called off the protest.
He maintained that the police action resulted in a large section of the Nigerian population being cowed not to get themselves involved in the protest for fear of reprisal by the police, their servants, agents and/or privies.
Omirhobo who is a human right activist said he is filing the application because he is worried about the continuous violation of the fundamental rights of Nigerians to freedom of associate, freedom to express themselves and freedom to move freely to protest by the police, their servants, agents and/or privies.
According to him, the issues distilled from the facts of the case for the determination of the Honourable Court are as follows, “Whether the Court has the jurisdiction to hear this application?
“Whether the Applicant’s, members of the Nigerian Bar Association Ikeja Branch and the generality of Nigerians’ Fundamental Rights as guaranteed under Sections 39, 40 and 41 of the Constitution of the Federal Republic of
Nigeria 1999 (As Amended) have been and is likely to be violated by the police, their servants, agents and/or privies howsoever and whosoever?
“Whether the police coercion and intimidation of the members of the Nigerian Bar Association, Ikeja Branch and by extension the generality of Nigerians is improper, illegal, unlawful and unconstitutional?
“Whether the police coercion and intimidation of the members of the Nigerian Bar Association and members of the public by threatening to arrest any group or persons that dare protest during the two days visit of
the Buhari which caused them to be apprehensive and consequently canceled the protest amounts to police misconduct and a gross violation of members of the said body’s and by extension a large section of the Nigerian populace fundamental rights to freedom of Association, expression and movement?
“Whether the police advice to parents to caution their wards no to be used as tools by unscrupulous elements to cause disturbance of public peace and break down law and order amounts to Police misconduct, Blackmail, intimidation and coercion and consequently a gross violation of the Generality of the Nigerians fundamental rights to freedom of Association, expression and movement?
“Whether in the face of the combined provisions of Section 39, 40 and 41 of the 1999 Constitution of Nigeria (As Amended) the Nigerian Bar Association, Ikeja Branch or protesters generally requires and /or needs the permission and/or approval of the 3rd and 4th Respondents to embark on protest or demonstration?“Whether the Applicant and the generality of the Nigerians are entitled to the reliefs sought?”
No date has been fix for hearing.

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