The Bring Back Our Girls campaigners launched a legal battle on Tuesday for the enforcement of their rights to stage peaceful protests.
They went to court following Monday’s order by Federal Capital Territory (FCT) Commissioner of Police Mbu Joseph Mbu banning the Bring Back Our Girls protests in Abuja.
In a suit filed at the Federal Capital Territory (FCT) High Court, 17 members of an Abuja-based group, Women for Peace and Justice (WPJ) involved in the Bring Back Our Girls campaign, are challenging Mbu’s powers to ban any protest in the FCT.
The plaintiffs, led by Hadiza Bala Usman, argued that Mbu’s order was a violation of their “freedom of conscience, freedom of expression and freedom of assembly and association” guaranteed under Sections 38, 39 and 40 of the Constitution and Articles 8, 10 and 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004 (ACHPR).
They are praying the court for, among others, an order of perpetual injunction restraining the Police Commissioner and his agents from further preventing them and other aggrieved Nigerians from taking part in protests and rallies in exercise of their freedom of conscience, expression, assembly and association as guaranteed under the Constitution and ACHPR.
The plaintiffs are praying the court to direct Mbu to pay them N200million as damages for the violation of their rights; a declaration that the respondent is not competent to ban protests and rallies in the FCT without an order of court.
They are also seeking a declaration that Mbu’s decision to ban rallies and protests in the FCT from June 1 is illegal, unconstitutional and a violation of the rights guaranteed under the Constitution and the ACHPR.
The plaintiffs hinged their application on Sections 38, 39 and 40 of the Constitution and Sections 8, 10 and 11 of the ACHPR which guarantee their freedom of conscience, expression, assembly and association.
Mbu, they said, had no power to violate their fundamental human rights, adding that his conduct, by placing a ban on rallies and protests was a violation of their guaranteed rights.
Mrs Bala Usman, in a supporting affidavit, accused the police of abandoning their constitutional responsibility of providing security for all Nigerians, including those engaged in rallies and protests.
Other plaintiffs in the suit are: Samuel Yaga, Rebecca Samuel Yaga, Mrs Sarah Ishaya, Mallam Dunama Mpur, Lawan Abana, Dr Pogu Bitrus, Dauda Iliya,Obiageli Ezekwesili, Maryam Uwais, Bashir Ibrahim Yusuf, Jibrin Ibrahim, Saudatu Mahdi,Bukky Shonibare, Rotimi Olawale, Florence Ozor and Kikaku Area Development Association (KADA).
Members of the group and their sympathisers, dressed in red shirts, were at the FCT High Court premises in large number, while their lawyers, from the firm of Femi Falana (SAN), were filing the case. They insisted on proceeding with their rallies, which they have held for about 31 days.
They later moved to the office of the National Human Rights Commission (NHRC), afew meters away from the court in Maitaima, to protest the ban.
