Justice Emmanuel Ogundare, sitting at a Lagos High Court, has restricted protesters in Lagos taking part in the proposed August 1 nationwide protest, to the Gani Fawehinmi Freedom Park in Ojota and Peace Park in the Ketu area of the state.
The court gave the restriction order on Tuesday following a preemptive exparte application filed by the state Attorney General and Commissioner for Justice, Mr Lawal Pedro, SAN, seeking to maintain and secure public safety and prevent irreparable loss of lives and property in the state during the period of the protests.
Listed in the application as co-defendants are Adamma Ukpabi and Tosin Harsogba (for Active Citizens Group); Comrade Juwon Sanyaolu and Hassan Soweto (for Take it Back Movement); Persons unknown and Commissioner of Police, Lagos State.
While moving his application before the court, Mr Pedro argued that as the chief law officer of the state and having been privy to notices by different interests who are for and against the nationwide protest, there is the need to protect the critical infrastructures of the state and prevent an irreparable loss of lives and property, as witnessed during the EndSARS protest in 2020.
Pedro maintained that the police in the state do not have sufficient manpower to provide security support for the protesters who planned to protest in all the local government councils and public highways and other areas of public access in the state.
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He further argued that there is a need to prevent the protest from being hijacked by hoodlums who are prepared to breach law and order and cause destruction in different locations in the state in the pretext of public protest against alleged bad governance.
According to Pedro, “In recognition of the citizens’ fundamental right to stage a public protest against government policies and actions but prevent unlawful destruction of lives and properties in the process, the Lagos State Government has designated two public spaces and locations in the state where citizens can meet and converge to protest or express their displeasure against government. The locations are Gani Fawehinmi Freedom Park, Ojota, Lagos State and Peace Park, Ketu, Lagos State.
“Public protest in all the local government councils and public highways, as well as other areas of public access in the state for 10 days, is a deliberate plan to shut down the state and if this is allowed, it will amount to economic sabotage.
“An order of court is required in the circumstances so as to protect the fundamental rights of 1st to 5th defendants/respondents to protest and other residents opposed to the protest to go about their lawful activities without harassment, disturbance and destruction of public buildings/properties.”
After listening to his argument, Justice Ogundare granted all the reliefs sought in the application.
He held that “An order of pre-emptive remedy by way of interim injunction is hereby granted restraining the 1st to 5th defendants/respondents whether by themselves, their agents, privies, servants or any other person(s) acting through them from converging and carrying out their proposed peaceful public protest, rallies, procession and meetings in Lagos State from August 1-10, 2024, except in the approved designated locations for peaceful public protest, rallies and meetings, to wit: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State and Peace Park, Ketu, Lagos from 8am to 6pm pending compliance with the pre-action protocol by the claimant.
“An order of pre-emptive remedy by way of interim preservative order is hereby granted directing the 6th defendant to protect the fundamental rights of the 1st to 5th defendants/respondents to freedom of association, peaceful public protest, procession and rallies in the approved designated locations for peaceful public protest, rallies and meetings in Lagos State, To wit: Gani Fawehinmi Freedom Park, Ikorodu Road Ojota, Lagos and Peace Park, Ketu, Lagos from 8am to 6pm on August 1-10, 2024 pending compliance with the pre-action protocol by the claimant.
“An order of pre-emptive remedy by way of interim preservative order is hereby granted directing the 6th defendant to provide security support and traffic management support to the 1st to 5th defendants at the approved designated locations for their proposed peaceful public protest, rallies and meetings in Lagos State, to wit: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State and Peace Park, Ketu, Lagos from 8am to 6pm on 1st -10th August, 2024 pending compliance with the pre-action protocol by the Claimant.
“An Order of substituted service of the order of this court in this matter, the Memorandum of Claim/Letter of Claim and all other pre-action protocols documents on the 1st-5th defendants/respondents by newspaper publication in a national daily to wit: any other widely read newspaper and the service shall be deemed as good and sufficient service on the defendants/respondents.”
From Adelanwa Bamgboye, Eugene Agha & Victoria Tokolo, Lagos
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