…Awards 15, 000 USD to 3 Edo Based Activists

The ECOWAS Court sitting in Ghana has restrained the Federal Republic of Nigeria from issuing any ban notice, disturbing or interfering with the rights of any person or group of persons from any part of Nigeria from holding peaceful protest.

The suit filed by Faculty of Peace and three others against the Federal Republic of Nigeria in suit No: ECW/CCJ/APP/30/21 also restrained the federal government component states or agents.

The applicants instituted the suit against the Nigeria government for allowing its agents namely the Nigeria Police Force, Department of State Services to disrupt their protest.

In his judgment on 21st day of March 2022, the President of the Court, Hon. Justice Edward Amoako Asante held that the Edo state government’s action banning the applicants from assembling for peaceful protest and procession infringes on their rights to assemble and associate.

Justice Edward, held that banning of the applicants to assemble and associate was in negation of Article 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, Article 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.

He, however, awarded the sum of 15, 000 USD compensation against the Nigeria government for the unlawful denial of the applicants rights to protest.

The applicants in the case are Comrade Marxist Kola Edokpayi, Comrade Osemu Ogbidi and Comrade Kelly Omokaro.

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The applicants had March 28, 2021 assembled for peaceful protest in Benin City to raise awareness on the hike in prices of fuel, sachet water and cement and its link with monopoly.

The protest was, however, disrupted by the Edo State government agents who locked up the applicants inside the house of assembly premises for hours.

In the suit, the applicants argued that the lock up infringed on their right to protest.

Reacting to the judgment, Comrade Kelly Omokaro, the executive director of Faculty of Peace, hailed the regional court for its well delivered judgment at this crucial time of the nation’s history.

On his part, President Aigbokhan, Esq counsel to the applicants noted that “assuming there is rumored 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.

He opined that the right of citizens to protest is a constitutional and fundamental right and restriction of the right limits the potential for a free public space with the consequence of hindering the operation of public engagement and participation.

. .

Freedom To Protest: ECOWAS Court Restrains Nigeria Government

…Awards 15, 000 USD to 3 Edo Based Activists

The ECOWAS Court sitting in Ghana has restrained the Federal Republic of Nigeria from issuing any ban notice, disturbing or interfering with the rights of any person or group of persons from any part of Nigeria from holding peaceful protest.

The suit filed by Faculty of Peace and three others against the Federal Republic of Nigeria in suit No: ECW/CCJ/APP/30/21 also restrained the federal government component states or agents.

The applicants instituted the suit against the Nigeria government for allowing its agents namely the Nigeria Police Force, Department of State Services to disrupt their protest.

In his judgment on 21st day of March 2022, the President of the Court, Hon. Justice Edward Amoako Asante held that the Edo state government’s action banning the applicants from assembling for peaceful protest and procession infringes on their rights to assemble and associate.

Justice Edward, held that banning of the applicants to assemble and associate was in negation of Article 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, Article 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.

He, however, awarded the sum of 15, 000 USD compensation against the Nigeria government for the unlawful denial of the applicants rights to protest.

The applicants in the case are Comrade Marxist Kola Edokpayi, Comrade Osemu Ogbidi and Comrade Kelly Omokaro.

The applicants had March 28, 2021 assembled for peaceful protest in Benin City to raise awareness on the hike in prices of fuel, sachet water and cement and its link with monopoly.

The protest was, however, disrupted by the Edo State government agents who locked up the applicants inside the house of assembly premises for hours.

In the suit, the applicants argued that the lock up infringed on their right to protest.

Reacting to the judgment, Comrade Kelly Omokaro, the executive director of Faculty of Peace, hailed the regional court for its well delivered judgment at this crucial time of the nation’s history.

On his part, President Aigbokhan, Esq counsel to the applicants noted that “assuming there is rumored 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.

He opined that the right of citizens to protest is a constitutional and fundamental right and restriction of the right limits the potential for a free public space with the consequence of hindering the operation of public engagement and participation.

. .