The ruling was handed down on Tuesday by Justice Emmanuel Ogundare following a preemptive ex parte application filed by the state Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN.... CLICK TO READ THE FULL NEWS HERE▶▶
The application aimed to maintain public safety and prevent potential loss of lives and property during the protests.
Justice Ogundare’s order restricts the protests to the two designated parks, effectively preventing demonstrations from spreading to other parts of Lagos.
The application listed Adamma Ukpabi and Tosin Harsogba (representing Active Citizens Group), Comrade Juwon Sanyaolu and Hassan Soweto (representing Take it Back Movement), persons unknown, and the Commissioner of Police, Lagos State, as co-defendants.
Mr Pedro argued that, as the Chief Law Officer of the State, he was aware of various groups planning to participate in the protest, both for and against it.
He emphasized the need to protect critical infrastructure and prevent a repeat of the irreparable loss of lives and property witnessed during the EndSARS protest in 2020.
Pedro pointed out that the police in Lagos State lack sufficient manpower to provide adequate security for protests across all local government councils, public highways, and other public areas.
He stressed the importance of preventing the protest from being hijacked by hoodlums who could disrupt law and order under the guise of protesting against alleged bad governance.
The ruling comes amidst heightened tensions and preparations for the nationwide protest set to commence on August 1.
According to Pedro, “In recognition of the citizen’s fundamental right to stage a public protest against government policies and actions but prevent unlawful destruction of lives and properties in the process, the Lagos State Government has designated two public spaces and locations in the State where citizens can meet and converge to protest or express their displeasure against government. The locations are Gani Fawehinmi Freedom Park, Ojota, Lagos State and Peace Park, Ketu, Lagos State.
“Public protest in all the local government councils and public highways as well as other areas of public access in the State for 10 days is a deliberate plan to shut down the State, and if this is allowed it will amount to economic sabotage.
“An order of the court is required in the circumstances so as to protect the fundamental rights of 1st to 5th Defendants/Respondents to protest and other residents opposed to the protest to go about their lawful without harassment, disturbance and destruction of public buildings/properties.”
After listening to his argument, Justice Ogundare granted all the reliefs sought in the application.
He held, “AN ORDER OF PRE-EMPTIVE REMEDY by way of interim injunction is hereby granted restraining the 1st to 5th Defendants/Respondents, whether by themselves, their agents, privies, servants or any other person(s) acting through them from converging and carrying out their proposed peaceful public protest, rallies, procession and meetings in Lagos State from the 1-10″ August 1-10, 2024 excerpt in the approved designated location for peaceful public protest, rallies and meetings, to wit: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State and Peace Park Ketu Lagos from 8 .00 am to 6 pm pending compliance with the pre-action protocol by the Claimant.
“AN ORDER OF PRE-EMPTIVE REMEDY by way of interim preservative order is hereby granted directing the 6th Defendant to protect the fundamental rights of the 1st to 5th Defendants/Respondents to freedom of association, peaceful public protest, procession and tallies in the approved designated location for peaceful public protest, rallies and meetings in Lagos State, To wit: Gani Fawehinm Freedom Park, Ikorodu Road Ojota, Lagos and Peace Park, Ketu Lagos from 8 am to 6 pm on August 1-10, 2024 pending compliance with the pre-action protocol by the Claimant.
“AN ORDER OF PRE-EMPTIVE REMEDY by way of interim preservative order is hereby granted directing the 6th Defendant to provide security support and traffic management support to the 1st to 5th Defendants at the approved designated location for their proposed peaceful public protest, rallies and meetings in Lagos State, To wit: Gani Fawehinmi Freedom Park, Ikorodu Road, Ojota, Lagos State and Peace Park Ketu Lagos from 8 am to 6 pm on 1st -10% August, 2024 pending compliance with the pre-action protocol by the Claimant.
“An Order of substituted service of the Order of this Court in this matter, the Memorandum of Claim/Letter of Claim and all other pre-action protocols documents on the 1st- 5th Defendants/Respondents by Newspaper publication in a National daily to wit: any other widely read newspaper and the service shall be deemed as good and sufficient service on the Defendants/Respondents.”
