EndBadGovernance Protesters Seek Overturn of Abuja Court’s Detention Order

The arrested EndBadGovernance protesters have filed a motion requesting the Federal High Court in Abuja to vacate the order that permits the Inspector General of Police (IGP) to detain them for 60 days pending the conclusion of investigations.

In a motion on notice dated August 26, 2024, filed by a team of human rights lawyers led by Femi Falana, SAN, the protesters demanded that the court’s order be set aside, discharged, and they be released immediately.

The court’s initial ex-parte order, which allowed their 60-day detention, was granted on August 22, 2024, by Justice Emeka Nwite in Suit No: FHC/ABJ/CS/1233/2024 between the IGP and Comrade Opaluwa Eleojo & 48 others.

The 49 detained protesters argued that neither the IGP nor President Bola Tinubu had the right to detain them for exercising their fundamental rights to protest against government policies that impose hardships. They referenced Tinubu’s own involvement in past protests, where he was neither harassed nor detained, asserting that he is the greatest beneficiary of protests and dissent in Nigeria’s history.

In an affidavit supporting the motion, Paul Ochayi, one of the protesters, emphasized that protest is a constitutional right and noted that Tinubu himself had led protests in the past without facing arrest or detention.

The protesters further challenged the legality of the remand orders, arguing that Justice Nwite lacked the jurisdiction to issue the ex-parte order under Section 299 of the Administration of Criminal Justice Act, 2015.

No hearing date has been set yet for the motion, but the court has served the notice on the Inspector General of Police for his response as required by law.