Tsoho in a landmark judgment delivered on Monday 22nd October, 2018 has
ordered the Nigeria Police Force, the Inspector General of Police and the
Commissioner of Police F.C.T. Command to pay the sum of 50 Million Naira
and publish an apology in Two National Newspapers to popular musician and
activist, Mr. Charles Oputa alias Charly Boy.
In the suit filed on the 29th of March, 2018 by his lawyer and human
rights activist, Mr. Inibehe Effiong to enforce his fundamental rights,
the 67-year-old popular musician gave a graphic account of how policemen
numbering over 100 from the F.C.T. Police Command invaded the Unity
Fountain in Abuja on the 8th day of August, 2017 and attacked him and his
group with teargas canisters, hot water cannon and wild police dogs during
the Resume or Resign protest when he led other activists to protest the
prolonged absence of President Muhammadu Buhari from Nigeria on account of
his medical vacation in the United Kingdom.
Charly Boy further narrated that the attack by the policemen was so severe
that he collapsed in the process and was rushed to the hospital.
He also stated that the police attacked them because of claims that their
protest over the President’s absence, which had exceeded 90 days on the
second day of their daily sit-out protest, had gone international and
brought serious embarrassment to the country.
Delivering judgment on Monday in the case marked as Suit No.
FHC/ABJ/CS/343/2018 between Charles Oputa versus The Inspector General of
Police & 2 Others, Justice Tsoho held that there was no evidence that
miscreants invaded or stormed the premises of the protest as alleged by
the police.
On whether the Applicant is entitled to stage the protest, the court held
that protest is a constitutionally guaranteed right provided it is done
peacefully and that even if miscreants were on the scene to hijack the
protest, the Respondents possess enough security measures to dislodge such
persons and maintain law and order.
‘’The Respondents (the Police) need not exercise an uncommon aggression
and mayhem to wade off alleged miscreants’’ Justice Tsoho ruled.
According to the court, the Respondents admitted in their Counter
Affidavit that it was in the bid to protect members of the public and
public properties from the ‘’miscreants’’ who suddenly took over the
protest that the men and officers of the Respondents had to use teargas
canisters and hot water Canon in order to disperse the hoodlums. But that
the Respondents stated that the teargas and water Canon were not directed
at the Applicant.
This assertion according to the court, lacks substance as teargas
circulates and affects all persons within the premises. And the atmosphere
generally affected which causes cough.
The court found that the Applicant has disclosed a reasonable cause of
action against the Respondents and that the Respondents violated the
Fundamental Rights of the Applicant to dignity of the human person,
freedom of expression, peaceful assembly and association as enshrined in
Sections 34, 39, and 40 of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended).
‘’The law is that the court has the right to grant redress to anyone whose
right is violated and the Applicant is entitled to a remedy.’’ said
Justice Tsoho.
‘’Relief 4 is granted and the Respondents are ordered to publish an
apology to the Applicant in 2 National Newspapers for violating his
Fundamental rights. The sum of 50 Million Naira is awarded against the
Respondents as General and Exemplary damages.’’
The court also ordered a perpetual injunction against the Respondents from
violating the fundamental rights to dignity of the human person, freedom
of expression and peaceful assembly and association.
Reacting to the judgment, the Applicant’s counsel, Inibehe Effiong
described the judgment as a resounding victory for democracy, freedom of
expression and peaceful assembly in the country.
‘’This judgment sends an unequivocal message to the Nigerian Police that
they have no power to stop or disrupt peaceful protests by Nigerians. The
police by this judgment cannot invent flimsy excuses to stop citizens from
exercising their fundamental rights to freedom of expression and peaceful
assembly. I am highly elated by this victory for democracy.’’ Effiong
said.
Reacting to the judgment, the National Secretary of the OurMumuDonDo
Movement, Comrade Raphael Adebayo, in a statement said that the judgment
has raised the confidence of Nigerians in the judiciary.
‘’The OurMumuDonDo Movement wishes to express satisfaction over the
judgment of the Federal High Court in Abuja on the unprovoked attack of
the police on its members during the ResumeOrResign Protest. This
development is a sign that the Nigerian judiciary is indeed committed to
upholding the supremacy of our country’s Constitution.’’
‘’We also wish to thank Justice John Tsoho for his sagacity in handling
this case, just as we are grateful to our team of young, vibrant, and
courageous lawyers who have tirelessly worked on this case to get us to
where we are right now.’’
‘’We wish to state unequivocally, that this victory is not only for the
OurMumuDonDo Movement but also for every Nigerian who believes that a new
and better Nigeria is achievable. We strongly hope that by virtue of this
victory, Nigerians will feel more emboldened to speak truth to power, hold
leaders accountable, and resist fear in advocating for issues of social
order and social justice in our great country.’’ The statement read.
The Respondents were represented in the case by O. M. Atoyebi and M. D.
Podos while Inibehe Effiong along with S. M. Oyeghe represented Charly
Boy.