A Federal High Court sitting in Ikeja, Lagos, on Monday fixed April 3 for hearing of a suit filed by the Save Nigeria Group (SNG) against the Federal Government.
The SNG had filed a N100 million suit against the Federal Government? for deploying soldiers to the Gani Fawehimi Park in Lagos.
The soldiers were deployed to the park on Jan. 16, during the protest organised by the SNG against the removal of petrol subsidy.
The respondents in the suit are President Goodluck Jonathan, the National Security Adviser, Gen. Andrew Azazi; the Chief of Defence Staff, Air Marshall Oluseyi Petinrin; and Chief of Army Staff; Lt. Gen. Azubuike Ihejirika.
Others are: the Inspector-General of Police, Mohammed Abubakar; and the Attorney General of the Federation, Bello Adoke.
When the matter came up on Monday, counsel representing the President, the Police IG and the AGF, Mr Taiwo Abidogun, informed the court that he had not filed his counter-affidavit to the suit.
He claimed that the delay was caused by the way the applicant commenced the suit, adding that “certain steps” were not taken before it was served on the respondents in Abuja.
Abidogun, therefore, asked the presiding judge, Justice Steven Adah, for a short adjournment, to enable him to file the response.
Counsel to SNG, Miss Flora Ogbuitepu, had earlier asked the court to allow her move her application, without the respondents' counter-affidavits being in the court's file.
Ogbuitepu said the respondents had been served with the processes of the suit on Feb. 8 and 9, 2012.
According to her, their failure to respond within five days, as provided by the court rules, imply that they were not willing to oppose the suit.
Adah, in a short ruling, however said “the court will grant the indulgence” to enable the respondents to regularise their filings.
He, therefore, adjourned the matter to April 3 for hearing of the application.
The SNG is asking the court for a declaration that the deployment of soldiers to the park is unconstitutional and a violation of the rights of the protesters.
The group had argued that the deployment constituted gross violations of their fundamental rights to freedom of expression, including the freedom to hold opinions, freedom of movement, personal dignity and peaceful assembly.
According to the group, the rights are guaranteed by the extant provisions of Sections 34, 35(1), 39(1), 40, 41(1) and? 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The applicants also asked for an order of perpetual injunction restraining the respondents and their agents from further acts that will constitute intimidation and restrictions of the movement of its members.
They further asked the court to order the respondents to tender a public apology to the SNG for the indignity and breach of their fundamental rights, which must be published in three national newspapers.
The SNG asked for N100 million being general, special and exemplary damages against the respondents, jointly and severally, “for the unlawful, arbitrary and illegal violation of the applicant’s fundamental rights”.