More reactions have continued to trail the order by Justice Slyvanius Oriji of FCT high court restricting Abuja protesters to the MKO Abiola National Stadium.... CLICK TO READ THE FULL NEWS HERE▶▶
An Abuja-based legal practitioner, Christopher Adie, said the court had powers which is contained in the constitution to grant such orders.
“The powers of a Court of law are enormous; the residence of these powers in our legal system is not far-fetched; Section 6(6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), our organic law, had foretold:
“The judicial powers vested in accordance with the foregoing provisions of this section shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law”.
“I have stumbled upon the processes leading to the grant of the Order which has, as of now, become topical” he said.
According to Adie, on July 26 , a letter attributed to the ‘Take it Back Movement, also formed part of the materials relied on by the Hon. Minister of the FCT in his application.
He added that in that letter, the organisers of the protest had expressly demanded the use of a particular location (the Eagles Square) for the “duration of the protest”,
“They did not stop there, they proceeded to request that the “outer wire-mesh barrier facing the Aso rock Villa be removed in the meantime as protesters may decide to visit the Presidential Villa during the protest”.
“I can tell from the language of the Court Ruling that the learned Judge had exerted so much efforts to avert a national crisis;
“I say so because the protesters had demanded that the “outer wire-mesh barrier barricading ingress to the Aso Villa be removed as the protesters may decide to pay a “Courtesy visit” to the Presidential Villa from the Eagles Square” he said.
Adie said this posed a security concern.
He noted that this was a brilliant step by the court when it granted the order.
“I can confirm that but for the Court’s ingenuity, the events that would have followed any attempt to satisfy the taste-buds of the thirsty protesters would be nothing short of catastrophe.
“With all sense of honesty, I am of the view that this is one of the instances calling for commendation of Hon. Justice Sylvanus Oriji for standing up to his constitutional duties.
“Remember, none of the reliefs sought by the Minister of the FCT was granted; in no ambigous terms, the Court in its ruling acknowledged the right to peaceful protest, what could be more judicious and fair in the circumstances? He asked.
Similarly , Cornelius Nwapi another Abuja based legal practitioner said judicial officers should be protected because they can not speak for themselves.
“Judicial officers unlike the members of parliament and executive arm do not have anyone to speak for them.
“So people should be very circumspect in criticising them particularly, when it affects judicial officers like Justice Oriji of a Federal Capital Territory (FCT) high courtwith proven impecable track record.
“Since this matter is subjudice one can not dig deep into the subject matter.
“Suffice this to say that anyone opportuned to persue through the application submitted by the protesters would readily appreciate not just the ingenuity of the judge but his fair mindedness in granting the order the way he did” he said.
The News Agency of Nigeria reports that Justice Oriji on July 31 granted an ex parte order restricting protesters to stadium in Abuja.
In his ruling, Justice Oriji, who recognised the rights of the protesters to embark on the protest, however restricted them to the Stadium in view of the genuine fears expressed by the minister.
“In the light of the above, the court considered 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 does not negatively or adversely affect the rights of other citizens to move about and to ensure that properties and other public facilities are not destroyed”, the judge held.
He therefore ordered the 1st to 5th respondents to “use the Moshood Abiola Stadium” only for the protest.
Defendants in the suit are Omoyele Sowore, Damilare Adenola, Adama Ukpabi, Tosin Harsogba, persons unknown, Inspector General (IG) of Police, Commissioner of Police.
Others are the Director-General of the Department of State Security, Nigeria Civil Defense Corps, Chief of Army Staff, Chief of Air staff, Chief of Naval Staff as 1st to 12th respondents.
