By Ayomide Otitoju
Detained #EndBadGovernance protesters have condemned the court order that led to their arrest and prolonged detention, arguing that President Bola Tinubu, once a beneficiary of public dissent, has no right to suppress their protests. The protesters, led by Opaluwa Eleojo and 48 others, have filed a lawsuit challenging the Federal High Court’s August 22, 2024, order that allowed the Inspector General of Police to remand them for 60 days while investigations continue.
The suit, marked FHC/ABJ/CS/1233/2024, was filed on August 26 and obtained by our correspondent on Saturday. Human rights lawyer Femi Falana, SAN, is leading the legal team representing the protesters, who argue that their remand was based on a motion ex-parte that misrepresented critical facts.
The protesters claim that the motion, which led to their detention, is an abuse of court process. They are seeking an order to set aside the ex-parte order and have asked the court to grant them bail.
“Protest is a right,” stated Paul Ochayi in an affidavit supporting the motion. He pointed out that President Tinubu had previously led protests without facing harassment or detention, emphasizing that the current administration’s actions violate their fundamental rights, including the right to life, dignity, and freedom of movement.
The protesters also challenged the jurisdiction of the trial judge who issued the ex-parte order under Section 299 of the Administration of Criminal Justice Act (ACJA) 2015. They argued that the order breached the provisions of the 1999 Constitution, which prohibits detention beyond 48 hours without a proper court order. They further contended that the ex-parte order, made under Section 66(1) of the Anti-Terrorism Act, 2022, was a ploy to legitimize their illegal detention, as the motion failed to link them to any terrorist activity or treasonable offense.
The legal challenge follows nationwide protests by Nigerian youths from August 1 to 10, who took to the streets to decry the worsening economic conditions in the country.
