Court orders Police to pay CharlyBoy N50m for attack during anti-Buhari protest
Charly Boy and other protesters were attacked while demanding for President Buhari's resignation during his prolonged medical vacation in the UK.
Charly Boy announces suspension of 'Our mumu don do' protest
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![Former Minister of Aviation, Hadi Sirika. [Punch]](data:image/svg+xml;charset=utf8,%3Csvg%20xmlns%3D'http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg'%20width%3D'100'%20height%3D'100'%20data-ring-placeholder%3D'1'%3E%3C%2Fsvg%3E "Former Minister of Aviation, Hadi Sirika. [Punch]")
In the suit filed on March 29, 2018 by his lawyer, Inibehe Effiong, to enforce his fundamental rights, Charly Boy explained how "over 100 from the F.C.T. Police Command invaded the Unity Fountain in Abuja on August 8, 2017 and attacked" him and his group "with teargas canisters, hot water cannon and wild police dogs" during the resume or resign protest during President Muhammadu Buhari's absence from Nigeria on account of his medical vacation in the United Kingdom.
Charly Boy alleged that he collapsed in the process and was rushed to the hospital.
Charlyboy, during an anti-Buhari protest.
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He also stated that the police attacked them due to claims that their protest over the President’s absence, which had exceeded 90 days on the second day of their daily sit-out protest, had gone international and brought serious embarrassment to the country.
Delivering judgment on Monday, October 22, 2018, in the case marked as Suit No. FHC/ABJ/CS/343/2018Justice John Tsoho held that there was no evidence that miscreants invaded or stormed the premises of the protest as alleged by the police.
On whether the Applicant is entitled to stage the protest, the court held that protest is a constitutionally guaranteed right provided it is done peacefully and that even if miscreants were on the scene to hijack the protest, the Respondents possess enough security measures to dislodge such persons and maintain law and order.
"The Respondents (the Police) need not exercise an uncommon aggression and mayhem to wade off alleged miscreants’’ Tsoho ruled.
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"The law is that the court has the right to grant redress to anyone whose right is violated and the Applicant is entitled to a remedy.
"Relief 4 is granted and the Respondents are ordered to publish an apology to the Applicant in 2 National Newspapers for violating his Fundamental rights. The sum of 50 Million Naira is awarded against the Respondents as General and Exemplary damages," said Tsoho.
The court also ordered perpetual injunction against the Police from violating the fundamental rights to dignity of the human person, freedom of expression and peaceful assembly and association.
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Reacting to the judgment, Effiong described the judgment as a resounding victory for democracy, freedom of expression and peaceful assembly in the country.
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Counsel to Charly Boy, Inibehe Effiong addressing journalists at the court
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"This judgment sends unequivocal message to the Nigerian Police that they have no power to stop or disrupt peaceful protests by Nigerians. The police by this judgment cannot invent flimsy excuses to stop citizens from exercising their fundamental rights to freedom of expression and peaceful assembly. I am highly elated by this victory for democracy.’’ Effiong said.
Reacting to the judgment, the National Secretary of the OurMumuDonDo Movement, Raphael Adebayo, in a statement said that the judgment has raised the confidence of Nigerians in the judiciary.
"The OurMumuDonDo Movement wishes to express satisfaction over the judgment of the Federal High Court in Abuja on the unprovoked attack of the police on its members during the ResumeOrResign Protest. This development is a sign that the Nigerian judiciary is indeed committed to upholding the supremacy of our country's Constitution.
"We wish to state unequivocally, that this victory is not only for the OurMumuDonDo Movement but also for every Nigerian who believes that a new and better Nigeria is achievable. We strongly hope that by virtue of this victory, Nigerians will feel more emboldened to speak truth to power, hold leaders accountable, and resist fear in advocating for issues of social order and social justice in our great country," the statement read.
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