Protesters in Abuja demand the overturning of a court’s detention order, advocating for better governance practices and accountability.
The EndBadGovernance protesters who were arrested and detained now seek the vacation of an order by the Federal High Court, Abuja. The court had granted permission for their detention by the Inspector General of Police for 60 days until investigations conclude.
On August 26, 2024 a group of human rights lawyers headed by prominent lawyer Femi Falana SAN filed a motion on notice requesting for their immediate release. They urged the court to dismiss and reverse its order without delay.
Justice Emeka Nwite issued an ex-parte order on August 22, 2024 in Suit No: FHC/ABJ/CS/1233/2024 between the IGP and Comrade Opaluwa Eleojo & 48 others for their detention of sixty days.
The 49 protesters, who were held in police custody for detention purposes, argued that their arrest by either the IGP or President Bola Tinubu was unjustified as they only exercised their fundamental right to object against government policies that exposed them to unnecessary hardships.
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They pointed out numerous past protests organized by Tinubu without any form of harassment, molestation, arrest or detention and argued that he is the foremost beneficiary of dissenting voices and demonstrations within the nation.
Paul Ochayi, in an affidavit submitted to support their motion, recorded the protesters’ claim that protesting is a fundamental right. They further argued this point by stating that President Tinubu had led protests previously without facing harassment or detainment.
They contested the remand orders by asserting that Justice Nwite lacked the authority to provide an ex-parte directive under section 299 of the Administration of Criminal Justice Act, 2015.
The court has not yet set a date for hearing the motion.
As per legal requirements, the Inspector General of Police has been served with it and expected to respond.
