Court adjourns hearing in FCT minister’s motion

Justice Sylvanus Oriji of the Federal Capital Territory (FCT) High Court has adjourned a hearing on the FCT minister‘s motion on the restriction order on participants in the hunger protest until Sept. 4.

The adjournment came after counsel to the FCT minister (claimant), Moses Ebute, SAN, told the court that he served the motion on notice to the respondents.

The counsel for the 1st to 4th respondents, Dr. S.M. Oyeghe, did not oppose but asked for the motion to be served on them in court.

The other respondents were neither present in court nor legally represented.

Justice Oriji directed the claimant counsel to serve all the respondents, then adjourned until Sept. 4 for the motion.

The respondents in the suit are Omoyele Sowore, Damilare Adenola, Adama Ukpabi, Tosin Harsogba, persons unknown, Inspector General, IG of Police, and Commissioner of Police.

Others are the Director-General of the Department of State Services, the Director-General of the Nigeria Civil Defence Corps, the Chief of Army Staff, the Chief of Air Staff, and the and the Chief of Naval Staff as 1st to 12th respondents.

In his ruling on July 31, Justice Oriji recognised the rights of the protesters to embark on the protest, but restricted them to the stadium in view of the genuine fears expressed by the minister.

“In the light of the above, the court considers it appropriate and expedient to grant an order under the omnibus or general prayer to ensure that the rights of the protesters are guaranteed.

He added that the protest does not negatively or adversely affect the rights of other citizens to move about and to ensure that properties and other public facilities are not destroyed,"  the judge held.

He therefore ordered the 1st to 5th respondents to “use the Moshood Abiola Stadium” only for the protest.

In addition, the court ordered the service of processes in the suit as well as the confinement order on the respondents by placing the same in the newspapers.

The judge gave the order following an application to that effect filed by Dr Ogwu Onoja, SAN, on behalf of the Minister of the Federal Capital Territory (FCT)

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At the sitting on Aug. 13, the FCT Minister, through his lawyer, drew the attention of the Judge to a statement issued by one Damilare Adenola in which she threatened that the nationwide protests may be extended beyond the initial 10 days.

Onoja argued that, since they were not in court and no one knows their next plan of action,

”It would be in order to extend the order to ensure that peace in the FCT was not unjustly disrupted.”

In a brief ruling, the judge granted the request and affirmed that the order of July 31 remained valid and in force.

Oriji further ordered that the respondents should be served with the hearing notice before the next adjourned date.

He subsequently adjourned until Aug. 22 for a hearing of the motion on notice.