The Lagos State Government has maintained that the court directive restricting protest to two designated venues in Lagos still stands.
The state reiterated this as organisers gear up for the upcoming October 1, 2024 protest in Lagos and other states.
Advising organisers to avoid disrupting social and economic activities in the state, the state Attorney General and Commissioner for Justice, Lawal Pedro (SAN), while responding to questions from journalists on Sunday, emphasised that the governor’s instructions to the Commissioner of Police for maintaining public safety remain in effect.
A Lagos High Court ruling currently restricted protests to two designated venues: Freedom Park and Peace Park, located in the Ojota and Ketu areas of the state.
The verdict came in August before the “EndBadGovernance” protest.
Pedro noted that while Governor Babajide Sanwo-Olu does not oppose residents expressing their views through protests, such expressions must occur within the law.
“We have and shall continue to engage the civil societies and non-governmental organisations in Lagos who are genuinely interested in the development of Lagos State to explain and enlighten them that the Governor of Lagos State Babajide Sanwo-Olu is not opposed to any group of residents to express their view about any government by way of public protest as it is their fundamental right guaranteed by the Constitution of Nigeria 1999,” he said.
Pedro clarified, however, that the fundamental rights to freedom of speech, association, and assembly are not absolute.
He said, “By virtue of Section 45, Section 215 (4) of the Constitution of Nigeria (as amended) and Section 4 & 10(2) of the Police Act, it is lawful for the Governor of Lagos State or the Attorney General of Lagos on his behalf to give the Commissioner of Police of Lagos State directive for maintenance and securing of public safety and public order that may impact on the exercise of these fundamental rights.
“In that respect, we advise that the organisers should utilise the designated venues in the state for public protest to wit; Freedom Park and Peace Park for adequate protection and coverage of the protest by press members.”
He warned, “It is the same set or group of people that organised the last protest that is planning the October 1 protest, so they should be guided by the interim preservative order of injunction of court restricting public protest in the state to designated venues.”
He also mentioned that substantial legal action is pending against them, wherein an order of interlocutory and perpetual injunction is being sought to permanently restrict any individual or group wishing to organise public protests in Lagos State to designated venues.
He stated, “It is a settled principle of law that a defendant who is aware of a pending claim or application for an injunction against him in a court of law must respect the court process and not engage in the same act sought to be restrained.”
Pedro concluded, “Therefore, whether the interim preservative order is subsisting or not, by the subsisting suit, it will be unlawful for anybody, civil society, or NGO in Lagos to convene any public protest outside the designated venue.”
Organisers of the #FearlessOctober1 protest have declared that the police, Department of State Services, and the military would not stop them from embarking on the demonstration as planned.
The organisers have also written to the Inspector General of Police, Kayode Egbetokun, to request security during the demonstration, noting that protest is a fundamental right they would not submit to any state agent.
Nigeria will celebrate its 64th independence on Tuesday, October 1, the day some Nigerian youths plan to protest the hardship occasioned by the removal of fuel subsidy and the devaluation of the naira.
The National Coordinator of the Take It Back Movement, Juwon Sanyaolu, and Director of Mobilisation of the group, Damilare Adenola, told The PUNCH that mobilisation efforts had begun, adding that Nigerians were mobilising from different parts of the country for the protest.
In Lagos, the protest organisers plan to commence their march at the Ikeja Under Bridge at 7:30 am.