Abuja, Nigeria – The detained protesters of the EndBadGovernance movement have officially challenged the Federal High Court’s order that permits the Inspector General of Police (IGP) to hold them in custody for 60 days. The protesters, who were arrested for demonstrating against government policies, are seeking the court’s intervention to overturn this order.
In a motion filed on August 26, 2024, a team of human rights lawyers led by prominent advocate Femi Falana, SAN, urged the court to set aside the detention order issued on August 22, 2024, by Justice Emeka Nwite. The court order was made in a case between the IGP and Comrade Opaluwa Eleojo, along with 48 others.
The 49 protesters argue that their detention is unlawful, emphasizing that both the IGP and President Bola Tinubu lack the authority to arrest them for exercising their fundamental rights. They highlighted that President Tinubu himself has led numerous protests in the past without facing harassment or arrest, making him a significant beneficiary of the country’s history of dissent.
In an affidavit submitted by Paul Ochayi, the protesters assert that the right to protest is fundamental, referencing Tinubu’s past participation in protests as evidence that peaceful demonstrations should not result in detention. They also questioned the legality of the court order, claiming that Justice Nwite did not have the jurisdiction to issue it under Section 299 of the Administration of Criminal Justice Act, 2015.
As of now, the court has not scheduled a date for hearing the motion. However, the motion has been served to the IGP for a response, in accordance with legal procedures.
