An activist, Chief Malcolm Omirhobo, on Tuesday, urged a
Federal High Court in Lagos to declare the restriction of vehicular and
people’s movements during elections as unlawful.
Omirhobo and his non-governmental group, Incorporated
Trustees of Malcolm Omirhobo Foundation, are the first and second applicants in
the suit.
According to reports, the applicants are suing for
themselves and on behalf of the Nigerian public. Information gathered states
that the Inspector General of police (IGP), Abubakar Adamu, and the Independent
National Electoral Commission (INEC) were joined as first and second
respondents in the suit.
In his motion, brought under the Fundamental Rights
Enforcement Procedure Rules 2009, the applicant seeks a declaration that the
restriction of movement of citizens nationwide, during the 2019 general
elections, is an obvious violation of citizens’ rights to freedom of movement.
He asserts that it is a violation of the fundamental rights
of the Nigerian public, to freedom of movement, freedom of association and freedom
of expression as guaranteed by Sections 39, 40, 41, and 46 of the constitution.
According to him it is therefore, illegal, unlawful,
undemocratic and unconstitutional. The applicant is also seeking a declaration
that the police have no power under the laws of Nigeria, to breach the
fundamental rights of the Nigerian public to freedom of movement, association
and expression nationwide as they are guaranteed by the constitution.
The lawyer, therefore, seeks an order of court, restraining
the first respondent, his servants, and agents, from enforcing or implementing
the restriction of vehicular movement of the Nigerian public nationwide during
the conduct of elections.
However no date has been fixed for hearing of the
originating motion.
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