ECOWAS Court sitting in Ghana, has restrained the Nigerian government or its component states or agents from issuing any ban notice, disturbing or interfering with the rights of any person or group of persons from any part of Nigeria from holding peaceful protest.
The suit, according to Aigbokhan President, counsel to the applicants and Freedom of Information, was filed by Faculty of Peace and three others against the Federal Republic of Nigeria in suit No: ECW/CCJ/APP/30/21.
Aigbokhan said the applicants commenced the suit against the government for allowing its agents, namely the Nigeria Police Force, Department of State Service, DSS, to disrupt their protest.
He said: “In his judgment on March 21, 2022, at its first court sitting in Ghana presided over by the President of the court, Justice Edward Asante, the court held that the state action banning the applicants’ peaceful assembly and procession infringes on their rights to assemble and associate as provided for in Articles 10 and 11 of the African Charter, Article 21 of the International Covenant on Civil and Political Rights, Section 40 of the Constitution of 1999, Article 3,10, 11 and 17(1) of the Universal Declaration of Human Rights 1948 and Rule 94 (b) of the Guideline on Freedom of Assembly and Association.
“The court also awarded the applicants the sum of $15,000 as compensation for the unlawful denial of their right to protest.
“In this case, the applicants assembled for peaceful protest on March 28, 2021 to raise awareness on the hike in prices of fuel, sachet water and cement and its link with monopoly.”
The protest was disrupted by government by locking up the assembly premises with the applicants inside for hours. The applicants argued that the lock-out order of the defendant infringes on their right to protest.
Responding to the judgment, Mr. Kelly Omokaro, Executive Director of Faculty of Peace, hailed the regional court for interfering at this crucial time of the nation’s history.
In his response, Aigbokhan counsel to the applicants, said: “Assuming there is rumoured disruption of peace or hijack of protest, the state ought to deplete its security vote to ensure the participants are protected to air their views and not to ban the procession.”
“This is because the right to protest is a constitutional and fundamental right and restriction of this right limits the potential for a free public space with the consequence of hindering the operation of public engagement and participation.”
