Justice Sylvanus Oriji of the Federal Capital Territory (FCT) High Court has adjourned till 4 September, the hearing on the FCT minister‘s motion on the restriction order on participants of the hunger protest.
The adjournment came after Moses Ebute, counsel to the FCT minister (claimant), told the court that he had served the motion on notice on the respondents.
The counsel to the 1st to 4th respondents, S.M. Oyeghe, did not oppose but asked for the motion to be served on them in the court.
The other respondents were not present in court nor legally represented.
Justice Oriji directed the claimant’s counsel to serve all the respondents, then adjourned until 4 September 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 State Security Service, Director-General of the Nigeria Civil Defense Corps, Chief of Army Staff, Chief of Air Staff, and Chief of Naval Staff as 1st to 12th respondents.
In a ruling on 31 July, Justice Oriji recognised the rights of the protesters to embark on the protest. He, however, 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 must not negatively or adversely affect the rights of other citizens to move about and protesters must ensure that properties and other public facilities are not destroyed.
Therefore, he ordered the first to fifth respondents to “use the Moshood Abiola Stadium” only for the protest.
The court also 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 Ogwu Onoja on behalf of the Minister of the Federal Capital Territory, (FCT)
.
At the sitting on 13 August, the FCT minister, through his lawyer, drew the judge’s attention to a statement issued by Damilare Adenola, in which she threatened that the nationwide protests may be extended beyond the initial 10 days.
Mr Onoja argued that since the matter was not in court and no one know the next plan of the protesters;
“It would be in order to extend the order to ensure that peace of the FCT was not unjustly disrupted.”
In a brief ruling, the judge granted the request and affirmed that the order of 31 July remained valid and in force.
Mr Oriji further ordered that the respondents should be served with the hearing notice before the next adjourned date.
He subsequently adjourned until 22 August for a hearing of the motion on notice.
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