Lagos-based lawyer Olukoya Ogungbeje has filed a ₦1 billion Fundamental Rights Enforcement suit against the Federal Government of Nigeria and several security agencies. The suit addresses an alleged plan to stop the proposed ‘hunger protest’ scheduled from August 1 to 10, 2024.
The Federal Government is named as the first respondent, while the National Security Adviser, Chief of Defence Staff, Chief of Army Staff, Nigerian Army, Inspector General of Police, Nigeria Police Force, Department of State Security Service, and the Director General of State Security Service are listed as second to ninth respondents.
Ogungbeje, who is suing on behalf of himself and other Nigerian citizens planning to participate in the peaceful protests for good governance, based the suit on sections 33, 36, 38, 39, 40, and 46 of the 1999 Constitution of the Federal Republic of Nigeria, as well as the Fundamental Rights Enforcement Procedure Rules 2009. The hearing for the suit is scheduled for July 31.
In his suit, Ogungbeje is seeking a court declaration that any attempt to forcibly disrupt, disperse, or deprive Nigerian citizens of their rights to peaceful assembly and protest is illegal, oppressive, undemocratic, and unconstitutional. He argues that such actions violate sections 38, 39, and 40 of the Nigerian Constitution.
Ogungbeje also referenced a prior judgment delivered by the Federal High Court in March 2020, affirming the rights of citizens to peaceful protest. He asked the court to compel the respondents to apologize publicly and pay ₦1 billion in general and exemplary damages. Additionally, he sought a perpetual injunction to prevent the respondents from taking any action against the protesters.
In a 34-paragraph affidavit, Ogungbeje emphasized his duty as a legal practitioner to defend the constitution and the rights it guarantees. He recounted consultations in June and July 2024 with civil society organizations planning the protests and stated his intention to participate.
Ogungbeje noted intelligence reports and public statements from government officials indicating plans to deploy armed forces to suppress the protests. He argued that such actions would infringe on the constitutional rights of Nigerian citizens to peaceful assembly and expression.
He urged the court to grant the reliefs sought, emphasizing that the planned protests are lawful and that any attempt to disrupt them would be an unconstitutional violation of fundamental rights.