A legal practitioner, Emankhu Isibor Addeh, has sued Edo State Governor, Godwin Obaseki, and Inspector General of Police (IGP), Mohammed Adamu, over the ban on political rallies and demonstrations in Edo State.
Addeh, who instituted the suit marked FHC/ABJ/CS/123/2020 before a Federal High Court, Abuja, said a complete ban on political rallies and demonstrations, violated his fundamental rights.
The claimant is seeking an order of the court for a declaration that the respondents act enforcing the ban was unlawful and a violation of his fundamental rights as enshrined in section 40 of the 1999 Constitution and Article 11 of African Charter on Human and People’s Right Act Cap A9 LFN 2004.
He is, therefore, praying the court for an order of perpetual injunction, restraining the respondents and its men, officers, and agents from restricting any and all persons from freely associating with one another for lawful purposes including political reasons.
“He is also seeking, “A mandatory injunction against the respondents jointly and severally, its men, officers, and agents to immediately stop enforcement of the complete ban on all political rallies, demonstrations or procession in any part of Edo State.”
Addeh stated that Obaseki’s proclamation of December 13, 2019, banning all political activities and rallies not held within his constitutional powers was akin to illegality taking away freedom of association in the state, which contravened the constitution.
The claimant in his 21-paragraph affidavit attached to his motion on notice, stated, “It is unlawful, illegal and unconstitutional for the respondents to brazenly violate the constitution by banning all political rallies.
“By provisions of Section 6 (6) of the 1999 Constitution as amended, the court can sanction any person for brazen violation of the constitution, including the award of aggravated damages.”