Human right activist and lawyer, Tope Temokun Esq. has condemned the interim order obtained by Minister of Federal Capital Territory(FCT) Nyesom Wike restraining Omoyele Sowore and other leaders of the August 1, 2024 nationwide protest and their followers from protesting.
He described the development as a bad precedent, ill-advised and will not stand the test of time.
Temokun, in a statement he made available to newsmen in Akure, Ondo State capital on Thursday.
The statement reads in parts: “In a bid to stop the organized Hunger protest of August 1 to August 10, in Abuja the Honourable Minister of the Federal Capital Territory approached the High Court of the FCT Abuja on the 31st of July 2024 against Omoyele Sowore and four other activists, potential protesters or leaders of organizing groups and now listed the Inspector- General Of Police, the Commissioner of Police, Federal Capital Territory Command, the Director-General of the Department of State Security Services, Commandant General, Nigeria Security and Civil Defence Corps (who was listed as Director General, instead of Commandant General) the Chief of Army Staff, the Chief Air Staff and the Chief of Naval Staff as the 6th to the 12th Defendants.
“Among the orders he sought which were granted Ex Parte by the court was an interim order to restrain Omoyele Sowore and four other activists from gathering or parading themselves along any road way, street, offices or public premises, within the FCT and the other Order was an Order mandating 6th to 12th defendants (i.e. the Inspector- General Of Police, the Commissioner of Police, Federal Capital Territory Command, the Director-General of the Department of State Security Services, Commandant General, Nigeria Security and Civil Defence Corps (who was listed as Director General, instead of Commandant General¬) the chief of Army Staff, the Chief Air Staff and the Chief of Naval Staff) to restrain and prevent the Omoyele Sowore and the four other activists between 1st to 10th of August 2024 from gathering or parading themselves as earlier mentioned.
“Many states of the federation, like Ogun, Lagos and others, no doubt, saw the genius initiative of a Wike and have also activated their Attorney Generals to approach the State Courts to restrict protesters to specific places dictated and assigned to them by the state governments.
“I will refrain from commenting deeply on the suits in court, but in exercise of freedom of expression that the Constitution freely gives to me, I wish to refresh the minds of the actors in this saga that Section 14 (2) of the Constitution provides for the relationship between the government and the people and says that sovereignty belongs to the people of Nigeria from whom the government through the constitution derives all its powers and authorities and that the security and welfare of the people shall be the primary purpose of government and that the participation by the people in their government shall be ensured in accordance with the provisions of this constitution.
“On the basis of the above I hasten to say that these suits, to the extent of taking away the constitutional rights of the citizens to democratically participate in this government, through constitutional means of protests, are rooted in unconstitutionality and the various suits and whatever orders given will not stand the test of time.
“The precipitative suits meant to halt peaceful protest are like flogging a child with a long cane and dictating to him how he must cry and the volume of his cry. This is against the law of nature, just the way the suits are unconstitutional and run afoul of the constitution.
“What the constitution says is that the rights in the constitution shall not override other law that is reasonably justified in a democratic society in the interest of defence, public safety, public order, public morality or public health and for the purpose of protecting the rights and freedom of other persons.
“The question now is, in the face of hunger this biting in massive scale, which law is that law either existent or just enacted that is reasonably justified in a democratic society to halt public protests in the interest of defence, public safety, public order, public morality or public health and for the purpose of protecting the rights and freedom of other persons pursuant to which the governments of these states and the minister of FCT have asked the Court to limit protesters to places chosen by the government.
“This is a protest of hungry citizens, a child of the constitution, not political party rally. The natural habitat of protest is the street not stadium. Protest, unlike football, is not fun.
“The constitution guarantees the right to freedom of movement in its Section 41 which entitles the citizens to move freely in any part of the country and when this is read in conjunction with the right to assemble peacefully, as provided for in Section 40 and the right to freedom of expression in Section 39 of the Constitution, any restriction on the free movement of peaceful protesters will amount to derogation from the constitution, because the incident of peaceful protest alone can never justify inviting all the security and war agencies of the Federal Government.”
Temokun alleged FCT and Lagos authorities of hiring some individuals to stage a procession to say no to protest.
He said: “Meanwhile the governments at various levels including the FCT and Lagos have hired, monetized and mobilized some hungry and pale looking Nigerians to stage procession through the same streets to say no to protest, which is also a form of protest. This culture of rushing to court to sabotage constitutional rights will soon backfire.
“We are fighting for a better Nigeria, but the government that cannot provide food for us is now cowardly dissipating money in calling for war.
“Despite court orders, when people are hungry you won’t tell them where to cry their cry.”