Charly
Boy and his lawyer, Effiong Inibehe in court
A Federal High Court sitting in Abuja presided over by a Hon.
Justice John Tsoho in a landmark judgment delivered on Monday 22nd
October, 2018 has ordered the Nigeria Police Force, the Inspector
General of Police and the Commissioner of Police F.C.T. Command to
pay the sum of 50 Million Naira and publish an apology in Two
National Newspapers to popular musician and activist, Mr. Charles
Oputa alias Charly Boy.
In the suit filed on the 29th of March, 2018 by his lawyer and
human rights activist, Mr. Inibehe Effiong to enforce his
fundamental rights, the 67-year-old popular musician gave a graphic
account of how policemen numbering over 100 from the F.C.T. Police
Command invaded the Unity Fountain in Abuja on the 8th day of
August, 2017 and attacked him and his group with teargas canisters,
hot water cannon and wild police dogs during the Resume or Resign
protest when he led other activists to protest the prolonged
absence of President Muhammadu Buhari from Nigeria on account of
his medical vacation in the United Kingdom.
Charly Boy further narrated that the attack by the policemen was
so severe that he collapsed in the process and was rushed to the
hospital.
He also stated that the police attacked them because of claims
that their protest over the President’s absence, which had exceeded
90 days on the second day of their daily sit-out protest, had gone
international and brought serious embarrassment to the country.
Delivering judgment on Monday in the case marked as Suit No.
FHC/ABJ/CS/343/2018 between Charles Oputa versus The Inspector
General of Police & 2 Others, Justice Tsoho held that there was no
evidence that miscreants invaded or stormed the premises of the
protest as alleged by the police.
On whether the Applicant is entitled to stage the protest, the
court held that protest is a constitutionally guaranteed right
provided it is done peacefully and that even if miscreants were on
the scene to hijack the protest, the Respondents possess enough
security measures to dislodge such persons and maintain law and
order.
‘’The Respondents (the Police) need not exercise an uncommon
aggression and mayhem to wade off alleged miscreants’’ Justice
Tsoho ruled.
According to the court, the Respondents admitted in their Counter
Affidavit that it was in the bid to protect members of the public
and public properties from the ‘’miscreants’’ who suddenly took
over the protest that the men and officers of the Respondents had
to use teargas canisters and hot water Canon in order to disperse
the hoodlums. But that the Respondents stated that the teargas and
water Canon were not directed at the Applicant.
This assertion according to the court, lacks substance as
teargas circulates and affects all persons within the premises. And
the atmosphere generally affected which causes cough.
The court found that the Applicant has disclosed a reasonable
cause of action against the Respondents and that the Respondents
violated the Fundamental Rights of the Applicant to dignity of the
human person, freedom of expression, peaceful assembly and
association as enshrined in Sections 34, 39, and 40 of the
Constitution of the Federal Republic of Nigeria, 1999 (as
amended).
‘’The law is that the court has the right to grant redress to
anyone whose right is violated and the Applicant is entitled to a
remedy.’’ said Justice Tsoho.
‘’Relief 4 is granted and the Respondents are ordered to publish
an apology to the Applicant in 2 National Newspapers for violating
his Fundamental rights. The sum of 50 Million Naira is awarded
against the Respondents as General and Exemplary damages.’’
The court also ordered perpetual injunction against the
Respondents from violating the fundamental rights to dignity of the
human person, freedom of expression and peaceful assembly and
association.
Reacting to the judgment, the Applicant’s counsel, Inibehe
Effiong described the judgment as a resounding victory for
democracy, freedom of expression and peaceful assembly in the
country.
‘’This judgment sends unequivocal message to the Nigerian Police
that they have no power to stop or disrupt peaceful protests by
Nigerians. The police by this judgment cannot invent flimsy excuses
to stop citizens from exercising their fundamental rights to
freedom of expression and peaceful assembly. I am highly elated by
this victory for democracy.’’ Effiong said.
Reacting to the judgment, the Secretary of the OurMumuDonDo
Movement, Comrade Raphael Adebayo, in a statement said that the
judgment has raised the confidence of Nigerians in the
judiciary.
‘’The OurMumuDonDo Movement wishes to express satisfaction over
the judgment of the Federal High Court in Abuja on the unprovoked
attack of the police on its members during the ResumeOrResign
Protest. This development is a sign that the Nigerian judiciary is
indeed committed to upholding the supremacy of our country’s
Constitution.’’
‘’We also wish to thank the Judge for his sagacity in handling
this case, just as we are grateful to our team of young, vibrant,
and courageous lawyers who have tirelessly worked on this case to
get us to where we are right now.’’
‘’We wish to state unequivocally, that this victory is not only
for the OurMumuDonDo Movement but also for every Nigerian who
believes that a new and better Nigeria is achievable. We strongly
hope that by virtue of this victory, Nigerians will feel more
emboldened to speak truth to power, hold leaders accountable, and
resist fear in advocating for issues of social order and social
justice in our great country.’’ The statement read.
The Respondents were represented in the case by O. M. Atoyebi
and M. D. Podos while Inibehe Effiong along with S. M. Oyeghe
represented Charly Boy.