A Lagos-based lawyer, Olukoya Ogungbeje, has filed a ₦1 billion Fundamental Right Enforcement suit against the Federal Government of Nigeria and several security agencies. This legal action follows an alleged move to stop the proposed ‘hunger protest’ scheduled from August 1 to 10, 2024.
Ogungbeje named the Federal Government as the first respondent. The other respondents include the National Security Adviser, the Chief of Defence Staff, the Chief of Army Staff, the Nigerian Army, the Inspector General of Police, the Nigeria Police Force, the Department of State Security Service (DSS), and the Director General of the State Security Service.
In his suit, Ogungbeje, representing himself and other Nigerian citizens planning to participate in the peaceful protest for good governance, invoked Sections 33, 36, 38, 39, 40, and 46 of the 1999 Constitution, as well as Order 1 and XI Rules 1 and 2 of the Fundamental Rights Enforcement Procedure Rules 2009.
Ogungbeje seeks several declarations from the court, including that any attempt to disrupt, disperse, or deprive citizens of their right to peaceful assembly and protest without a court order is illegal and unconstitutional. He referenced a previous judgment from March 2020 affirming citizens’ rights to peaceful protest, which he asserts remains valid and binding.
Additionally, Ogungbeje requests the court to compel the respondents to apologize publicly and pay ₦1 billion in damages. He also seeks a perpetual injunction preventing the respondents from harassing, arresting, or detaining protesters.
In a supporting affidavit, Ogungbeje emphasized his duty as a lawyer to protect constitutional rights. He noted that consultations for the protest began in June and July 2024, and he plans to join the peaceful protests in Lagos. He cited intelligence reports indicating plans by the respondents to deploy armed security forces to suppress the protests, reinforced by threatening public statements from government officials.
Ogungbeje argues that the right to peaceful protest is constitutionally guaranteed and that any attempt to infringe on this right without cause is oppressive. He urges the court to grant his application to protect the constitutional rights of Nigerian citizens.
