Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT), on Thursday, ordered service of court documents filed against Omoyele Sowore and three others, on their lawyer.
The court documents are in respect of a suit filed by the Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, against the recent #EndBadGovernance and hunger protesters.
Justice Oriji had on August 13, extended his order restricting the #EndBadGovernance and hunger protesters to the Moshood Abiola Stadium, Abuja.
The extension was sequel to the absence of the defendants in court at the last proceedings.
At Thursday’s proceedings, FCT Minister’s counsel, Mr Moses Ebute, SAN, informed the court that the business of the day was the hearing of his client’s motion on notice filed in July.
He however, observed that due to the inability to serve the 1st to 4th defendants, he would be asking for a short adjournment to do the needful, adding that Chief Ogwu Onoja, SAN, who filed the suit is planning to publish the court processes against Sowore and the others in the pages of some national newspapers.
The remaining three defendants are; Damilare Adenola, Adama Ukpabi, and Tosin Harsogba.
Reacting, the Judge asked Dr S. M. Oyeghe, who announced appearance for the 1st to 4th defendants if he was willing to receive service on behalf of his clients.
Oyeghe responded in the affirmative and the court subsequently ordered the plaintiff’s counsel to serve the documents in the open court.
Justice Oriji subsequently adjourned till September 4, for the hearing of the plaintiff’s motion on notice.
The court had on July 31 confined the protesters to the National Stadium, to prevent a breakdown of law and order as well as the destruction of lives and properties in the nation’s capital, during the protest.
The judge had predicated his decision on the need to protect other citizens in the nation’s capital as well as prevent the breakdown of law and order.
Onoja had amongst others prayed for another order of interim injunction mandating the 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 capitalize on the planned protest to cause havoc and irreparable damage to public facilities and blocking of roadways to prevent movement of persons and vehicles and disturb public peace.
He claimed that when he contacted the security agencies to ensure that the planned protest did 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, FCT, signed by one Damilare Adenola, in which they threatened to invade the presidential villa and also threatened to pull down the outer wires facing the Aso Rock villa during the protest
Besides, they demanded that the FCT provide them light as well as toilet during the duration of the protest.
In his ruling, Justice Oriji, who recognized the rights of the protesters to embark on the protest, however restricted them to the stadium in view of the genuine fears expressed by the minister.
“In the light of the above, the court considers it appropriate and expedient to grant an order under the omnibus or general prayer to ensure that the rights of the protesters are guaranteed and that the protest does not negatively or adversely affect the rights of other citizens to move about and to ensure that that properties and other public facilities are not destroyed”, the judge had held.
He therefore ordered the 1st to 5th respondents to “use the Moshood Abiola Stadium” only for the protest.
Other defendants in the suit are; persons unknown, Inspector General IG of Police, Commissioner of Police, Director General of the State Security Service, Director General, Nigeria Civil Defense Corps, Chief of Army Staff, Chief of Air staff, Chief of Naval Staff as 1st to 12 respondents.
EndBadGovernance: Wike’s suit papers served on protesters’ lawyer in open court
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