During the annual vacation, Justice Sylvanus Oriji, a vacation judge of the High Court of the Federal Capital Territory (FCT) based in Maitama, Abuja, has ordered the return of the case file of the lawsuit filed by the FCT Minister against Omoyele Sowore and 11 other leaders of the #EndBadGovernance protests to the FCT Chief Judge for reassignment when the court resumes its sessions.
The minister had dragged the defendants before the court, seeking an interim injunction restraining the five leaders of the protesting groups from gathering or parading themselves along any roadways, streets, offices and public premises within FCT between August 1 and 10, or any other day thereafter, pending the hearing and determination of the motion on notice.
The minister further sought another order of interim injunction, among others, mandating security agencies to prevent the protesting leaders from gathering or parading themselves along any roadways, offices or public premises within FCT between August 1 and 10, pending the hearing and determination of the motion.
Defendants in the suit are Omoyele Sowore; Damilare Adenola; Adama Ukpabi; Tosin Harsogba; persons unknown; Inspector General of Police, FCT Commissioner of Police.
Others are the Director-General of the State Security Service (SSS); the Director-General, Nigeria Civil Defence Corps (NSCDC); Chief of Army Staff; the Chief of Air Staff and the Chief of Naval Staff as 1st to 12th respondents.
After hearing an exparte application brought before the court by the minister, the court had on the eve of the #EndBadGovernance protests on July 31 issued an order restricting protesters in the FCT to the MKO Abiola National Stadium.
While granting the order, the judge held that he considered it appropriate and expedient to grant the order under the omnibus or general prayer to ensure that the rights of the protesters are guaranteed.
He added and that the protest must not negatively or adversely affect the rights of other citizens to move about, adding that protesters must ensure that properties and other public facilities are not destroyed.
The restraining order was further extended by the court on August 13 following an application to that effect by the counsel for the minister, Dr Ogwu James Onoja SAN.
Justice Oriji added that the extension of the restraining order was given to enable the defendants, who absent in court that day, to be present in court.
At the resumed hearing of the case today, counsel for the minister, George Ibrahim informed the court that the plaintiff/applicant was served with four processes, including notice of preliminary objection, motion on notice seeking to set aside the court’s order of July 31 and August 13, by the counsel for the first to fourth defendants.
According to him, the plaintiff had the right to respond to each of the processes the four defendants filed and therefore, sought an adjournment to enable parties file and exchange processes.
Counsel for the first to fourth defendants, Inihebe Effiong, confirmed serving the said processes on the plaintiff/applicant and did not object to Ibrahim’s application for adjournment.
Effiong then urged the court to give a date within the period of vacation to hear the processes.
Justice Oriji, however, ruled that the case be referred to the FCT Chief Judge for reassignment to any judge for hearing after their resumption from vacation.
According to the judge, the ongoing annual vacation of the FCT High Court judges would end on September 13, while they would resume on Monday, September 16.
