Justice Emmanuel Ogundare of the Lagos State High Court sitting in Ikeja on Tuesday restricted organizers and any individuals in Lagos participating in the proposed August 1 nationwide anti-hunger protest to the Gani Fawehinmi Freedom Park in Ojota and Peace Park in the Ketu area of the state.
Justice Ogundare issued the order after hearing an ex-parte application filed by the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), who sought to maintain public safety and prevent irreparable loss of lives and property during the protests.
Joined as co-defendants in the suit are Adamma Ukpabi and Tosin Harsogba (representing the Active Citizens Group); Comrade Juwon Sanyaolu and Hassan Soweto (representing the Take it Back Movement); individuals unknown, and the Commissioner of Police, Lagos State.
Pedro argued in his application that, as the Chief Law Officer of the State and having been privy to notices from various groups for and against the nationwide protest, there is a need to protect the critical infrastructure of the state and prevent irreparable loss of lives and property, as witnessed during the #EndSARS protests of 2020.
He maintained that the Police in the state do not have sufficient manpower to provide security support for the protesters, who plan to assemble in all local government councils, public highways, and other areas of public access in the state.
The AG also submitted that there is a need to prevent the protest from being hijacked by hoodlums intending to breach law and order and cause destruction under the guise of public protest against alleged bad governance.
He stated, “In recognition of citizens’ fundamental right to stage public protests against government policies and actions while preventing unlawful destruction of lives and property, the Lagos State government has designated two public spaces where citizens can gather to express their discontent. These locations are Gani Fawehinmi Freedom Park, Ojota, Lagos State, and Peace Park, Ketu, Lagos State.
“A public protest spanning all local government councils and public highways for ten days is a deliberate plan to shut down the State, and allowing this would amount to economic sabotage.
“A court order is necessary in these circumstances to protect the fundamental rights of the 1st to 5th Defendants/ Respondents to protest and ensure other residents opposed to the protest can go about their lawful activities without harassment, disturbance, or destruction of public buildings and properties.”
In a bench ruling, Justice Ogundare granted all the reliefs sought in the application.
The judge held, “An order of pre-emptive remedy by way of interim injunction is hereby granted, restraining the first to fifth Defendants/Respondents, whether by themselves, their agents, privies, servants, or any other individuals acting on their behalf, from converging and carrying out their proposed peaceful public protests, rallies, processions, and meetings in Lagos State from August 1-10, 2024, except in the designated locations for such activities: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State, and Peace Park, Ketu, Lagos, from 8:00 AM to 6:00 PM, 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 sixth Defendant to protect the fundamental rights of the first to fifth Defendants/Respondents to freedom of association, peaceful public protest, processions, and rallies in the designated locations in Lagos State, namely Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos, and Peace Park, Ketu Lagos, from 8:00 AM to 6:00 PM 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 sixth Defendant to provide security and traffic management support to the first to fifth Defendants at the approved location for their proposed peaceful public protests, rallies, and meetings in Lagos State: specifically Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State, and Peace Park, Ketu Lagos, from 8:00 AM to 6:00 PM from August 1-10, 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 protocol documents on the first to fifth Defendants/Respondents by means of publication in a widely read national daily newspaper, with service deemed sufficient and proper.”
