A High Court of the Federal Capital Territory (FCT) in Gudu, Abuja on Wednesday held that the Nigeria Police Force (NPF) lacks the powers to prevent or stop rallies or possessions being held in respect of the abducted 270 students of the Federal Government College, Chibok, Borno State.
Justice Abubakar Talba, in a judgment, declared that the Public Order Act, Cap 382 Laws of Nigeria 1990, which the Police purportedly relied on, “does authorise men of the NPF to disrupt rallies or possession on the issue of the abducted Chibok girls.”
The judgment was on a fundamental rights enforcement suit filed by the Executive Secretary of Anti-Corruption Network and former member of the House of Representatives, Dino Melaye, challenging the disruption of the rally he led in Abuja in relation to the abducted female students of Government Secondary School, Chibok in Borno State by members of the by Boko Haram sect on May 9.
The suit marked: CV/1521/14 which has the Inspector General of Police (IGP) and Commissioner of Police, FCT Command was not defended by the respondents.
Justice Talba said, “The arrest of the applicant and threat to further arrest him in respect of rallies or possession is unlawful. The disruption of peaceful rallies and procession by agents of the 1st and 2nd respondents is illegal and unconstitutional.”
The judge held that since the respondents failed to file any counter process to the one filed by Melaye was an admission of the allegations made against them by the applicant.
He consequently ordered the IGP and CP, FCT to “tender a written apology to the applicant as provided for under Section 35(6) of the Constitution of the Federal Republic of Nigeria (as amended).
The judge also granted an order of perpetual injunction restraining the respondents and their agents from further “harassing, molesting, intimidating, abducting, arresting, detaining and prosecuting the applicant in respect of peaceful rallies or procession in Abuja or any part of Nigeria.”
Justice Talba awarded, N150,000 in damages and cost against the respondents and in favour of the applicant.
Melaye had sued the respondents shortly after he was arrested and molested by policemen during the May 9 rally in Abuja which he led to protect the Federal Government’s seeming inaction over the April 14 abduction of the Chibok girls.
In a supporting affidavit deposed to by his lawyer, Reuben Egwuaba, it was stated that “men of the NPF, under the instruction of the 1st and 2nd respondents came to the venue of the rallies to arrest the applicant and forcefully beat the applicant on ground that the rallies or possession should be suspended by the applicant and his group.
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