The High Court of the Federal Capital Territory (FCT) in Abuja has declined to vacate an order which restricted the anti- hunger protesters in the FCT to Moshood Abiola Stadium known as National Stadium for the purpose of staging protest.
Instead, the vacation court on Wednesday opted to return the case file to the Chief Judge of the High Court for re-assignment to regular Court for adjudication.
The suit was instituted by the FCT Minister, Nyesom Wike against the#Endbadgovernace# led by Omoyele Sowore and others.
At the Wednesday’s proceedings, Justice Sylvanus Oriji had requested explanations from counsel to the FCT minister, George Ibrahim whether the suit still had life in view of the fact that the August 1st to 10th protest had come and gone.
The counsel in his explanation drew the attention of the Judge to a letter written to the FCT minister by the protesters where they asserted that the protest might last longer than August 10.
He also drew the attention of the court to fresh processes filed by Omoyele Sowore and three others where he alleged that they were still in the mood for another round of protest.
Although Justice Oriji maintained that the order he issued on July 31 in an ex-parte application was for August 1st to 10th protest, the FCT minister said that it would be in the interest of peace for the order to last till the hearing and determination of his motion on notice.
The lawyer informed the court that Sowore and other three defendants through their lawyer, Inibehe Effiong served him four different voluminous processes on September 2 and that the processes were contentious.
He requested for an adjournment to enable him read the processes and respond appropriately.
However, counsel to Sowore and three others, Inibehe Effiong did not object to the adjournment request but applied that the restraining order against his clients be discharged.
Effiong argued that the life span of the restriction order had lapsed since August 10.
Justice Oriji after carefully listening to the two lawyers reminded them that the FCT Court vacation would terminate on September 13 while normal court sitting would commence on September, he would not be able to fully determined the matter in the remaining few days.
The Judge held that the proper thing in the circumstances was to refer the case file to the Chief Judge to be re-assigned to any of the normal courts.
He consequently ordered that the case file be made available to the Chief judge for the matter to be heard after vacation.
The Judge had on July 31 restricted the anti-hunger protesters to the National Stadium so as not to disrupt free flow of vehicles and movement of other people as well as not to destroy the public and private properties of the FCT residents.
The restriction order was on August 13, extended following the absence of the defendants in court.
The FCT Minister through his lead counsel, Dr James Ogwu Onoja SAN had on July 31argued an ex-parte motion which prompted the confinement of the protesters to the National Stadium to prevent breakdown of law and order as well as the destruction of lives and properties in the nation’s capital, during the protest.
The judge had predicated his decision on the need to protect other citizens in the nation’s capital.
Onoja had amongst others prayed for another order of interim injunction mandating the security agencies to prevent the leaders from gathering or parading themselves along any roadway, offices or public premises within the FCT between August 1 and 10, pending the hearing of his motion on notice.
The minister who claimed that the federal government was not averse to the protest stated that intelligence and security reports reaching him indicated that some elements within the leadership of the protesters intend to capitalize on the planned protest to cause havoc and irreparable damage to public facilities and blocking of roadways to prevent movement of persons and vehicles and disturb public peace.
He claimed that when he contacted the security agencies to ensure that the planned protest did not degenerate into criminality and disturbance of public peace and order, he was told that they are not well equipped to manage any crisis that may arise from the planned protest at a short notice hence they advised him that prevention is better than cure.
The minister tendered an exhibit from the “Take It Back Movement, FCT, signed by one Damilare Adenola, in which they threatened to invade the Presidential villa and also threatened to pull down the outer wires facing the Aso Rock villa during the protest
Besides, they demanded that the FCT provide them light as well as toilet during the duration of the protest.
In his ruling, Justice Oriji, who recognized the rights of the protesters to embark on the protest, had however restricted them to the stadium in view of the fears expressed by the minister.
Apart from Sowore, Adenola, Adama Ukpabi and Tosin Harshiogbe, other defendants in the suit are; persons unknown, Inspector General IG of Police, Commissioner of Police, Director General of the State Security Service, Director General, Nigeria Civil Defense Corps, Chief of Army Staff, Chief of Air staff, Chief of Naval Staff as 1st to 12 respondents.