NBA Drags Jonathan to Court

The Nigerian Bar Association, (NBA) Lagos Branch has instituted a suit before a Lagos High Court, Igbosere against President Goodluck Jonathan over the deployment of armed soldiers in Lagos State. The suit brought under the fundamental rights (enforcement procedure) rules, 2009 and under inherent jurisdiction of the court was jointly filed by NBA Chairman, Mr. Taiwo Taiwo, its Secretary, Mr. Alex Muoka and Bar leader and human rights activist, Ebun-Olu Adegboruwa.
Specifically, the applicants are asking the court to order the withdrawal of armed soldiers from public places and the streets of Lagos State. They are also demanding for N100million as damages against the respondents, jointly and severally for alleged violation of their fundamental rights.

Others sued along with the President are the Minister of Defence, Dr. Bello Mohammed; the Chief of Defence Staff, Air Vice-Marshall Oluseye Pentinrin; the Inspector-General of Police, Mr. Hafiz Ringim; and the Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN).

The applicants are asking the court for an order “directing the respondents to withdraw, redeploy and vacate all armed soldiers, policemen, state security services and other military officers stationed in major streets and public places in Lagos State for the purpose of preventing, stopping, aborting and frustrating the peaceful gathering, assembly and meeting of the applicants and other lawyers medical doctors, students, artisans, activists, professionals, actors, actresses, musicians, entertainers, market men and women, journalists and other citizens of Nigeria in Lagos State in violation of their fundamental rights.”

The applicants are also asking for court injunction restraining the respondents from preventing peaceful and lawful gathering of the applicants and other citizens of Nigeria at Falomo roundabout, Gani Fawehinmi Park, Yaba, Ojota, Ketu, Ikorodu, Lekki, Alimosho and other public places in Lagos State in exercise of their fundamental rights.

In a 29-pragraph affidavit in support of the Motion deposed to by Ebun Adegboruwa, a legal practitioner, he stated that on the morning of Monday, January 16, 2012, he was stopped by a team of armed soldiers at the Falomo roundabout.

He added that soldiers had barricaded the main road with iron bars, drums and concrete blocks, searching all motorists, okada riders and even pedestrians.

According to him, the soldiers specifically declared that they were under strict orders from the respondents not to allow any form of gathering or assembly at the Falomo roundabout and indeed other public locations in Lagos State.

He stated that many Nigerians have appealed to the respondents to evacuate the soldiers from the public locations but they have insisted on keeping them there permanently, solely for the purpose of stopping the applicants and other activists from gathering together.

According to him the applicants being legal practitioners have not committed any offence and have no experience in military combat or display of force so that the presence of armed soldiers on the streets of Lagos State and other public places in Lagos State has caused them to remain indoors and instil mortal fear into them thereby making it impossible for them to properly exercise their liberty and freedoms.

He stated further “These armed soldiers have now started to harass innocent and defenceless citizens, extorting money from them and at times threatening to arrest or injure those that may not easily yield to their demands. The continued deployment of armed soldiers on the streets and other public places in Lagos State constitutes a great threat to the lives and liberties of the applicants and other citizens and residents of Lagos State, with likelihood of constant clashes, arrests, harassments and even death”.

He further stated that “At the Gani Fawehinmi Freedom Park, at Ojota, Lagos, armed soldiers had cordoned off all entry points to the park, they physically prevented all persons, lawyers, activists, journalists, actors and entertainers, medical doctors, students and indeed all persons who desired to be part of our gathering and assembly were physically prevented from entering the park by the soldiers.”

“I eventually joined other lawyers, activists and students at Labour House, Tejuosho, Yaba, Lagos where we gathered peacefully to express our opposition to the fuel subsidy withdrawal. We were led by the Joint Action Front, together with lawyers such as Bamidele Aturu, Malachy Ugwumadu, Adegbamigbe Omole, Chairman, Nigerian Bar Association, Ikeja Branch, the Secretary, Adesina Ogunlana, the 2nd applicant herein, Comrade Abiodun Aremu, secretary of JAF and a host of other activists and lovers of democracy.”
“We moved peacefully through Tejuosho to Ojuelegba, to Jibowu, to Fadeyi, Onipanu, Palmgrove, without any incident, violence or break down of law and order. It was when we were approaching Obanikoro that a team of armed soldiers blocked us with a Ford pick-up van painted in the green colour of the Nigerian Army, ordering us to stop the gathering and assembly forthwith. They threatened to shoot us if we fail to heed their directive.”

“I and others were then meeting to consider our next line of action when suddenly we noticed that the soldiers were shooting live bullets. This caused me great fear and panic and I was thoroughly traumatized. I had to join others to run for my dear life as the sporadic gun shots continued unabated. This was about 10 a.m. in the morning.”

“As we kept running, the soldiers kept pursuing us and suddenly they shot live tear gas canisters right in front of me, and its contents and dangerous smoke enveloped me and other activists. Because it was also during the harmattan season, I became almost unconscious, breathing with difficulty and great pain. I was to be ambushed by some policemen who were stationed along the side walk and they pursued me into a private house in the Fadeyi area where I had to go into hiding as they insisted on arresting me and as I was not sure of their mandate, I was concerned for my life such that I had to seek refuge in the house of a stranger who was very sympathetic to my ordeal. I remained there until the effect of the dangerous tear gas shot into my eyes and lungs had subsided. At a point I could not even see properly.

“By the time I came out later, soldiers had taken over every location in Lagos State, all armed and ready to shoot at civilians. It was like a war situation. I eventually joined my colleagues at Labour House Yaba, when it became clear that the respondents had instructed the soldiers to remain in all our locations permanently and they have been there ever since.”

No date has been fixed for hearing of the suit.








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