Court declares ban on #BringBackOurGirls protest illegal

A High Court of the Federal Capital Territory sitting at Gudu, yesterday, held that the Nigerian Police Force, NPF, had no power under the 1999 Constitution, as amended, to stop any group from staging peaceful protest/rally, over the abduction of over 270 girls from Government Girls Secondary School, Chibok, Borno State, by the Boko Haram sect.

In his judgment, Justice Abubakar Talba declared that the Public Order Act, Cap 382 Laws of Nigeria 1990, did not in any way empower the Police to disrupt peaceful rallies and processions.
It will be recalled that the controversial Commissioner of Police for the FCT, Mr. Joseph Mbu, had placed reliance on the Police Order Act to stop further protests over the kidnapped Chibok girls, a decision that was quickly reversed by the Inspector General of Police amid widespread condemnation.

The judgment of the court was a fallout of a fundamental rights enforcement suit filed by a former member of the House of Representatives, Mr. Dino Melaye.
The erstwhile lawmaker had gone to court to challenge the disruption of a rally he led in Abuja on May 9, by armed police men who allegedly threw canisters of hot water at the protesters.

Declaring the action of the Police as highly unconstitutional, Justice Talba ordered the police authorities to tender a written apology to the applicant as provided for under Section 35(6) of the Constitution of the Federal Republic of Nigeria (as amended).

Similarly, the court granted an order of perpetual injunction restraining the respondents and their agents from further “harassing, molesting, intimidating, abducting, arresting, detaining and prosecuting the applicant in respect of peaceful rallies or procession in Abuja or any part of Nigeria.”
Justice Talba also awarded the sum of N150,000 as damages and cost against the respondents and in favour of the applicant.