The ECOWAS Court in Ghana has restrained the Federal Republic of Nigeria from issuing any ban notice or interfering with the rights of any person or group of persons from any part of Nigeria from holding peaceful protest.
The court held that the state action banning the applicants’ peaceful assembly and procession infringed 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, Articles 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, Comrade Marxist Kola Edokpayi, Comrade Osemu Ogbidi and Comrade Kelly Omokaro, the sum of $15,000 as compensation for the unlawful denial of their right to protest.
President of the court, Justice Edward Amoako Asante, gave the judgment on Monday at the court’s first sitting in Ghana.
The suit was filed by Faculty of Peace and three others against the Nigerian government in suit No: ECW/CCJ/APP/30/21.
The applicants brought the suit against the government for directing state apparatuses – the Nigeria Police Force, State Security Service – to disrupt their protest.
In this case, the applicants argued that they assembled for peaceful protest on 28th day of March 2021 to raise awareness on the hike in prices of fuel, sachet water and cement and its link with monopoly.
They said 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 infringed on their right to protest.
Reacting to the judgment, Omokaro, the Executive Director of Faculty of Peace, hailed the regional court for its foresight at this critical time of the nation’s history.
Counsel to the applicants, President Aigbokhan, noted that “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 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.”
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