Lagos court has no justification to restrict protests, says CSO

Access to Justice, a civil society organisation (CSO), has faulted the order of the Lagos high court restricting protests to the Gani Fawehinmi Freedom Park in Ojota and Peace Park, Ketu.

Emmanuel Ogundare, presiding judge at the Lagos high court, granted the order on Tuesday while ruling on an ex parte application filed by Lawal Pedro, the state’s attorney-general.

The judge said the #EndBadGovernanceInNigeria protest slated for August 1-10 should only be held within the approved locations between 8am to 6pm.

Listed in the application as defendants are Adamma Ukpabi and Tosin Harsogba (for Active Citizens Group), Juwon Sanyaolu and Hassan Soweto (for Take It Back Movement) and Lagos state commissioner of police.

In a statement on Wednesday, Joseph Otteh, convener of Access to Justice, said the court order violates the fundamental right of citizens enshrined in the constitution.

The advocacy group argued that the court gave the order “without hearing from the respondents” in the suit.

“The ruling is unfortunate and will occasion considerable reputational harm to not just the Lagos Judiciary, but the Nigerian Judiciary,” the group said.

“Secondly, the court restricts the manner fundamental rights can be exercised without legal justification.

“Section 45(1) of the Constitution of Nigeria provides that the right to freedom of expression may be restricted by a ‘law’ that is reasonably justifiable in a democratic society (a) in the interest of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom or other persons.

“As far as we know, there was no law made or cited to the court on the basis of which the court could curtail the exercise of a fundamental right guaranteed by the Constitution.

“Had such a law even been made, the court would be further required to assess whether the law is “reasonably justifiable in a democratic society.

“Orders like the ones this court has made will surely raise eyebrows, and trigger profound questions of the independence and impartiality of this court and indeed, Nigerian courts.

“It is very plausible to argue that a truly independent court, conscious of its constitutional role, will not make Orders which limit the exercise of fundamental rights the way this court has done.”

The CSO also faulted the comment of Yakubu Maikyau, the outgoing president of the Nigerian Bar Association (NBA), that youths should consider the economic implications of the planned protest.

The group said the NBA ought to rally behind Nigerians during the demonstrations and ensure that their rights are protected.