Thursday, October 5, 2017

#ResumeOrResign Protest: Charly Boy Sues Nigeria Police For N500M (Details)

Popular activist and entertainer, Mr. Charles Oputa, also known as Charly Boy, has sued the Nigeria Police, seeking N500m as compensation for alleged violation of his rights by the police during the #ResumeOrResign protest which convened last month.

He alleged in his fundamental rights enforcement suit which he filed before the High Court of the Federal Capital Territory in Maitama, Abuja, that the police attacked him during the protest on August 8, in violation of his rights to dignity of the human person, freedom of expression, peaceful assembly and association.

Charly Boy had convened the protest to demand President Muhammadu Buhari, who was then on medical vacation in London, the United Kingdom, to either resume or resign from office.

The plaintiff’s lawyer, Mr. Inibehe Effiong, in an originating motion dated October 4, 2017 has the Commissioner of Police, FCT Police Command, as the respondent.

In the written address filed in support of the suit, marked HC/ABJ/CV/3037/2017, Effiong argued that the alleged use of “tear gas canisters, water cannon and wild police dogs by the agents and officers of the respondent to attack, harass and disperse the applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday, August  8, 2017 is not unjustifiable, illegal, unconstitutional.”

Effiong added that the act of the police constituted “a breach of the applicant’s fundamental rights to the dignity of the human person, freedom of expression, peaceful assembly and association and contrary to Sections 34, 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5, 9, 10 and 11 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.”

The applicant is therefore seeking, “A declaration that the use of tear gas canisters, water cannon and wild police dogs by the agents and officers of the respondent to attack, harass and disperse the applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja, on Tuesday, August 8, 2017 is unjustifiable, illegal, unconstitutional and a breach of the applicant’s fundamental right to dignity of the human person and contrary to Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

 “A declaration that the use of tear gas canisters, water cannon and wild police dogs by the agents and officers of the respondent to attack, harass and disperse the applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday,  August 8, 2017 where the applicant and other activists had gathered to demand that President Muhammadu Buhari should either return to the country from his long medical vacation in the United Kingdom or resign is unjustifiable, illegal, unconstitutional and amounts to a violation of the applicant’s fundamental right to freedom of expression and contrary to Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

Punch

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