EndSars Protest: Lagos Base Lawyer File Suit Against Military Interference

 

A suit seeking an order stopping the interference and involvement of the Nigerian Army in the restoration of order in the Nation after the EndSars protest and for the military to declare allegiance  only to Nigeria and the constitution have been file by a Lagos based rights campaigner, Chief Malcolm Omirhobo at the Federal High Court in Lagos.

Omirhibo in his new suit numbered FHC/L/C's/1813/2020 is seeking among other declaratory reliefs, a Declaration that it is improper, illegal, unlawful and unconstitutional for Officers of the Nigerian Army to declare their allegiance to the 5th Defendant instead of to their Country Nigeria and the constitution of their country.

He seeks a declaration that it is improper, unprofessional, illegal, unlawful and unconstitutional for the Army to solicit to civil authorities,  that is the 1st, 2nd , 3rd , 4th, 5th and 6th Defendants of her intention and readiness  to aid them to restore order by suppressing  members of the Nigerian public exercising  their fundamental rights to freedom of expression, peaceful assembly and association with other persons and right to freedom of movement.

He seeks a declaration that it is the statutory duties and responsibilities of the Nigerian Police Force to go after looters and hoodlums raiding ware-houses and vandalizing properties across Nigeria and to carry out cyber warfare exercise designed to identify, track and counter negative propaganda in social media across the Nigerian cyber space and the positive identification of Nigerians and not that of the 10th Defendant.

He seeks a declaration that it is improper, illegal, unlawful and unconstitutional for the 10th Defendant to usurp the statutory duty and responsibility of the Nigerian Police Force. 

Omirhibo also wants the court to decide Whether by the combined interpretation and/or construction of the provisions of Sections 1(1), 217 (1)(2)(a)(b)(c)(d) and  218(1)(3)  of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), it is proper, legal, lawful and constitutional for the Officers of the Nigerian Army to declare  their allegiance to the President instead of to their Country, Nigeria and the Constitution of their country.

He wants the court to decide Whether by the combined interpretation and construction of the provisions of Sections 1 (1)(3), 39(1), 40, 41(1), 45(1)(a)(b), 214(1)(2)(a)(b)(c), 217(1) (2)(a)(b)(c)(d), 218(1)(3) and 305 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), Sections 3 and 4 of the Nigerian Police Act 2020, it is proper, professional, legal, lawful  and  constitutional  for the 10th Defendant to solicit to civil authorities , that is the 1st, 2nd , 3rd , 4th, 5th and 6th Defendants of her intention and readiness  to aid them to restore order by suppressing the  Plaintiff   and members of the Nigerian public exercising  their fundamental rights to freedom of expression, peaceful assembly and association with other persons and right to freedom of movement

The activist therefore, wants a Court order restraining the 10th Defendant her servants, agents and/or privies from using life bullets on peaceful unarmed protesters to disperse them from exercising their fundamental rights to freedom of expression, peaceful assembly and association with other persons and right to freedom of movement.

He seeks an order restraining the 10th Defendant her servants, agents and/or privies from violating the fundamental rights of the Plaintiff and Nigerian Citizens  to  life,  dignity of human person, personal liberty,  freedom of expression, peaceful assembly and association and movement. 

Plaintiff consequently, seeks an order of perpetual Injunction, restraining the 10th Defendant, her servants, agents and/or privies from its own motion to undertake and or partake in the workings of the fabric and architecture of the internal security of Nigeria without first being called upon by the 5th Defendant in writing to do so and subject to conditions prescribed by an Act of the 7th Defendant.  

He wants an order compelling and/or directing the 4th and 5th Defendants to rejig, equip and reform  the Nigerian Police Force to carry out her constitutional duties and responsibilities.

Omirhobo is also seeking an order compelling and/or directing the 8th and 9th Defendants to take charge of their statutory duties and responsibilities of going after looters and hoodlums raiding ware house and vandalizing property across Nigeria tackling cyber crime, identifying and tracking counter negative propaganda in social media across the Nigerian cyber space and the positive identification of Nigerian citizens throughout Nigeria.

In the Alternative, plantiff wants an order directing and/or compelling the 5th Defendant to formerly call upon the 10th Defendant in writing to aid civil authorities to restore order and for the 7th Defendant to prescribe the conditions by an Act for the 10th Defendant’s involvement in the workings of the fabric and architecture of the internal security of Nigeria.

Joined as first to 10th respondents are: The Lagos State Government, Lagos State Governor, Attorney General of Lagos State, The Federal Government of Nigeria, The President, The Attorney General of the Federation, The National Assembly, The Inspector General of Police, The Lagos State Commissioner of Police, and The Nigerian Army.

The new suit filed on Monday is yet to be assigned a date for hearing