Friday 31 October 2014

Court Declares Ban on BringBackOurGirls Rallies Illegal




A Federal Capital Territory High Court in Maitama, Abuja, has declared illegal and unconstitutional the police ban of #BringBackOurGirls peaceful protests.

You recall that back in June, the group had filed a suit against former Police Commissioner of Abuja now Assistant Inspector General of Police, AIG. Mr. Joseph Mbu following his announcement of a ban on their protests in the Nigerian capital. Even though the ban was later reversed by the then Inspector-General of Police, Mr. Mohammed Abubakar.

The judge, Justice S.E Aladetoyinbo, in his judgment on Thursday upheld the argument of the plaintiffs’ lawyer, Mr. Femi Falana (SAN), and declared that the pronouncement by Mbu was a
violation of the applicants’ “fundamental rights to freedom of conscience, expression, assembly and association as guaranteed by sections 38, 39 and 40 of the 1999 Constitution.” That Mbu’s decision to ban protests and rallies in the FCT with effect from June 1 was illegal, unconstitutional, and null and void.

The judge, who described freedom of association and assembly as the pillar of any democratic governance, commended the former IG, Abubakar, for promptly over-ruling Mbu’s directive.

However, following the withdrawal of one of their prayers seeking N200m against Mbu as compensation for violating their rights, the court struck out the prayer in its judgment on Thursday.

Mr. Aladetoyinbo said while citizens were mandated to notify security agencies before protesting, they were not obliged to obtain permission from the police to stage protests.

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