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Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest - Politics - Nairaland

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Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by zoba88: 5:31pm On Oct 22, 2018
A Federal High Court sitting in Abuja presided over by Hon. Justice John Tsoho in a landmark judgment delivered on Monday 22nd October, 2018 has ordered the Nigeria Police Force, the Inspector General of Police and the Commissioner of Police F.C.T. Command to pay the sum of 50 Million Naira and publish an apology in two national newspapers to popular musician and activist, Mr. Charles Oputa alias Charly Boy.

In the suit filed on the 29th of March, 2018 by his lawyer and human rights activist, Mr. Inibehe Effiong to enforce his fundamental rights, the 67-year-old popular musician gave a graphic account of how policemen numbering over 100 from the F.C.T. Police Command invaded the Unity Fountain in Abuja on the 8th day of August, 2017 and attacked him and his group with teargas canisters, hot water cannon and wild police dogs during the Resume or Resign protest when he led other activists to protest the prolonged absence of President Muhammadu Buhari from Nigeria on account of his medical vacation in the United Kingdom.

Charly Boy further narrated that the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital.wHe also stated that the police attacked them because of 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 in the case marked as Suit No. FHC/ABJ/CS/343/2018 between Charles Oputa versus The Inspector General of Police & 2 others, Justice 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’’ Justice Tsoho ruled.
According to the court, the Respondents admitted in their Counter Affidavit that it was in the bid to protect members of the public and public properties from the ‘’miscreants’’ who suddenly took over the protest that the men and officers of the Respondents had to use teargas canisters and hot water Canon in order to disperse the hoodlums. But that the Respondents stated that the teargas and water Canon were not directed at the Applicant.

This assertion according to the court, lacks substance as teargas circulates and affects all persons within the premises. And the atmosphere generally affected which causes cough.

The court found that the applicant has disclosed a reasonable cause of action against the respondents and that the respondents violated the fundamental rights of the applicant  to dignity of the human person, freedom of expression, peaceful assembly and association as enshrined in Sections 34, 39, and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

‘’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.’’ said Justice Tsoho.

‘’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.’’

The court also ordered perpetual injunction against the respondents from violating the fundamental rights to dignity of the human person, freedom of expression and peaceful assembly and association.

Reacting to the judgment, the applicant’s counsel, Inibehe Effiong described the judgment as a resounding victory for democracy, freedom of expression and peaceful assembly in the country.

‘’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 Secretary of the OurMumuDonDo Movement, Comrade 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 also wish to thank the Judge for his sagacity in handling this case, just as we are grateful to our team of young, vibrant, and courageous lawyers who have tirelessly worked on this case to get us to where we are right now.’’

‘’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.

The respondents were represented in the case by O. M. Atoyebi and M. D. Podos while Inibehe Effiong along with S. M. Oyeghe represented Charly Boy.


Source: http://www.trezzyhelm.com/2018/10/breaking-court-orders-police-to-pay.html

21 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by 989900: 5:40pm On Oct 22, 2018
If this is true, then this is huge for our democracy and civilization as a nation.


’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.’’

67 Likes 3 Shares

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by satelliteDISH(m): 5:42pm On Oct 22, 2018
Hmmm. I will organize my own protest soon. Probably in front of the APC head office. I know someone will call the police to disperse me with tear gas. grin grin grin

112 Likes 6 Shares

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Gosj01(m): 5:59pm On Oct 22, 2018
See free money, with the money smile!!!

BTW I sell cheap and 100% clean and perfect laptops.

Check siggy for more...

4 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by ikorodureporta: 6:02pm On Oct 22, 2018
See sowore boy

1 Like

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by BIAFRONIGERIAN(m): 6:08pm On Oct 22, 2018
Meen Charly Boy don hammer be that

9 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by savageking233: 6:25pm On Oct 22, 2018
weed smokers ,rubbish
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by millomaniac: 6:26pm On Oct 22, 2018
Police IG right now

11 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Donlamzy(m): 6:26pm On Oct 22, 2018
so, protest na lucrative business for naija now shocked

3 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Akanapiaigwe: 6:26pm On Oct 22, 2018
Chai deji and Charlie don hammer

TonyeBarcanista come ooo

but i doubt if the police will listen

7 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by sabenabeauty(f): 6:26pm On Oct 22, 2018
Nigerian police or Australian police?

6 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by abumeinben(m): 6:26pm On Oct 22, 2018
Judiciary is working?

Seriously, if this is true, it should be done severally. The police would start acting strategically and respectfully. By the time they pay 50m in 27 different places out of their budget, then the force would start cracking down on erring officers. Believe me, no officer go want make them use hin head break coconut.


Nothing like using target to threaten people's jobs.

9 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by futuregovernor: 6:27pm On Oct 22, 2018
BIAFRONIGERIAN:
Meen Charly Boy don hammer be that
And you thing the Daura police will pay that money

6 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by ictjobber: 6:27pm On Oct 22, 2018
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Kenekingisback: 6:27pm On Oct 22, 2018
How will IGP transmit N50mil now?

6 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by nabegibeg: 6:27pm On Oct 22, 2018
zoba88:
A Federal High Court sitting in Abuja presided over by Hon. Justice John Tsoho in a landmark judgment delivered on Monday 22nd October, 2018 has ordered the Nigeria Police Force, the Inspector General of Police and the Commissioner of Police F.C.T. Command to pay the sum of 50 Million Naira and publish an apology in two national newspapers to popular musician and activist, Mr. Charles Oputa alias Charly Boy.

In the suit filed on the 29th of March, 2018 by his lawyer and human rights activist, Mr. Inibehe Effiong to enforce his fundamental rights, the 67-year-old popular musician gave a graphic account of how policemen numbering over 100 from the F.C.T. Police Command invaded the Unity Fountain in Abuja on the 8th day of August, 2017 and attacked him and his group with teargas canisters, hot water cannon and wild police dogs during the Resume or Resign protest when he led other activists to protest the prolonged absence of President Muhammadu Buhari from Nigeria on account of his medical vacation in the United Kingdom.

Charly Boy further narrated that the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital.wHe also stated that the police attacked them because of 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 in the case marked as Suit No. FHC/ABJ/CS/343/2018 between Charles Oputa versus The Inspector General of Police & 2 others, Justice 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’’ Justice Tsoho ruled.
According to the court, the Respondents admitted in their Counter Affidavit that it was in the bid to protect members of the public and public properties from the ‘’miscreants’’ who suddenly took over the protest that the men and officers of the Respondents had to use teargas canisters and hot water Canon in order to disperse the hoodlums. But that the Respondents stated that the teargas and water Canon were not directed at the Applicant.

This assertion according to the court, lacks substance as teargas circulates and affects all persons within the premises. And the atmosphere generally affected which causes cough.

The court found that the applicant has disclosed a reasonable cause of action against the respondents and that the respondents violated the fundamental rights of the applicant  to dignity of the human person, freedom of expression, peaceful assembly and association as enshrined in Sections 34, 39, and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

‘’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.’’ said Justice Tsoho.

‘’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.’’

The court also ordered perpetual injunction against the respondents from violating the fundamental rights to dignity of the human person, freedom of expression and peaceful assembly and association.

Reacting to the judgment, the applicant’s counsel, Inibehe Effiong described the judgment as a resounding victory for democracy, freedom of expression and peaceful assembly in the country.

‘’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 Secretary of the OurMumuDonDo Movement, Comrade 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 also wish to thank the Judge for his sagacity in handling this case, just as we are grateful to our team of young, vibrant, and courageous lawyers who have tirelessly worked on this case to get us to where we are right now.’’

‘’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.

The respondents were represented in the case by O. M. Atoyebi and M. D. Podos while Inibehe Effiong along with S. M. Oyeghe represented Charly Boy.


Source: http://www.trezzyhelm.com/2018/10/breaking-court-orders-police-to-pay.html

Christmas came early for some people oooo

3 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by lastempero: 6:27pm On Oct 22, 2018
Like say Nigerian police get money to pay.

1 Like 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Ppbran: 6:28pm On Oct 22, 2018
Police too mumu

2 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by dadebayo1(m): 6:28pm On Oct 22, 2018
Mumu don pay... grin grin grin

Who will enforce the order. grin 50million ... grin

Guess they will increase toll fee money collected from danfo to meet up grin


Meanwhile bros Deji already calculating sharing formula grin

6 Likes 1 Share

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by KANUISALIVE: 6:28pm On Oct 22, 2018
Truly there mumu don do and there mumu paid them

3 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by igwe44(m): 6:28pm On Oct 22, 2018
And what made you think Nigeria police will pay the money, I laughed in Swahili grin. Nigeria government that does not respect Court order. No wonder president Trump called Nigeria a shit hole country and their president lifeless.

1 Like

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by CheapDataGuy: 6:29pm On Oct 22, 2018
Make i run go wash my "our mumu don do", shirt. E be like say God don finally ansa my call smiley

3 Likes

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by simplemach(m): 6:29pm On Oct 22, 2018
Finally i for join the protest sha, shebi i for follow share this 50 mil now

1 Like

Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by SEONaijaExpert: 6:29pm On Oct 22, 2018
This is simply a comical judgment.

Has such money ever been paid before without an appeal or some sort of settlement.

Just laughable!
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by BIAFRONIGERIAN(m): 6:30pm On Oct 22, 2018
futuregovernor:
And you thing the Daura police will pay that money

Why not if not
Even if transmission IGP no gree pay,Atiku's incoming IGP will pay
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Buffalo2(m): 6:31pm On Oct 22, 2018
Abi won ti san ni?
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by ifeelgood: 6:33pm On Oct 22, 2018
Gr8 we are getting there.
Re: Court Orders Police To Pay OurMumuDonDo N50m Over Attack During Protest by Nobody: 6:33pm On Oct 22, 2018
Me self dey go customize placard


No be ordinary teargas?? I go endure jare

2 Likes

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