A group of protesters detained under the #EndBadGovernance movement has challenged the legal grounds for their arrest and continued detention, arguing that President Bola Tinubu has no authority to sanction their detention.
According to The PUNCH, in a suit marked FHC/ABJ/CS/1233/2024, the protesters contested a Federal High Court order issued on August 22, 2024, by Justice Emeka Nwite, which authorised the Inspector General of Police to detain them for 60 days pending the completion of an investigation.
The court order has become a point of contention for the protesters, who argue that it violates their constitutional rights.
The protesters, represented by human rights lawyer Femi Falana and a team of legal advocates, argue that “protest is a fundamental right.” In an affidavit sworn by one of the detained protesters, Paul Ochayi, they highlighted that President Bola Tinubu, during his political career, had led several protests without facing harassment or detention.
They claim that the actions of the security agencies are an infringement on their fundamental rights, including their rights to life, dignity, health, and freedom of movement.
The group, led by Comrade Opaluwa Eleojo along with 48 other protesters, filed a motion on notice on August 26, challenging the legitimacy of the court order.
They claim the motion ex-parte, which authorised their 60-day detention, was based on “suppression and misrepresentation of material facts,” and constitutes a “gross abuse of the court process.”
The protesters have requested the court to dismiss the ex-parte order that sanctioned their detention and grant them bail. “We are asking the court to set aside, discharge, or vacate the ex-parte order that approved our remand,” the applicants stated in their motion.
This legal challenge follows a series of protests by Nigerian youths across various states from August 1 to 10, protesting against the economic hardships in the country.
The outcome of this legal battle could set a significant precedent regarding the rights of citizens to protest and the powers of security agencies in Nigeria.
