In the new suit, which also has the Inspector-General of Police, the Chief of Army Staff, the Chief of Navy Staff and the Chief of Air Staff as defendants, Adegboruwa is asking the court to halt the constant invasion of Biafra protests by security agents.
The lawyer is claiming that all Nigerian citizens are granted the right of free assembly and association, under section 40 of the 1999 Constitution and also the freedom of expression, under section 39 of the same Constitution.
He is therefore contending that members of the Independent Peoples of Biafra, IPOB, are entitled to assemble in any part of the country, for the purpose of demanding for self determination, without any permit or licence.
“And when they so decide to gather, the police, the army, or indeed other security agencies are not entitled to invade their gathering, or to shoot them or to arrest and detain them, as was done in most parts of the South East, last week.
He, therefore, wants the court to affirm the rights of citizens to express themselves on any areas of grievance without let or hindrance from the security agencies.
In the suit, marked FHC/L/CS/775/2016, Adegboruwa is seeking among other reliefs, a declaration that the applicant and all other citizens of Nigeria are entitled to gather, assemble freely and express their opinions lawfully in the exercise of their fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10 (1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990 and is illegal, unconstitutional, null and void.
He is also seeking a declaration that the arrest, detention and killings of innocent and unarmed citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State (all of the Igbo tribe) while gathering in Nkpor, Ifite-Dunu and Nnewi in Anambra State of Nigeria on the 30th day of May, 2016 to commemorate the International Biafra Heroes’ Remembrance Day by the respondents, their servants and privies constitutes a flagrant violation of the citizen’s fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990 and is illegal, unconstitutional, null and void.
The lawyer further seeks an injunction restraining the Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further violating the fundamental rights of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State through unlawful arrest, detention and killing except and in a manner permitted and sanctioned by law.
He is also seeking an order nullifying and voiding actions of the respondents over the massacre of innocent and unarmed citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State in Nkpor, Ifite-Dunu and Nnewi all in Anambra State of Nigeria on the 30th day of May, 2016 while commemorating the International Biafra Heroes’ Remembrance Day to the extent that it violates the liberty and freedom of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State as guaranteed under sections 39 and 40 of the Constitution of Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 2004.
No hearing date has yet been fixed for the suit.
