Traditional worshippers in Kwara State, Nigeria have instituted a fundamental rights enforcement suit before a Federal High Court in Ikoyi, Lagos, against the Inspector-General of Police (IGP) and seven others over the alleged violation of their fundamental rights.
The legal action lists the Kwara State Police Commissioner, the State Government, Registered Trustees of the Council of Ulama (Islamic Clerics), Justice Salihu Mohammed (Executive Secretary of the Council of Ulama), Sheikh (Dr) Mohammed Bashir Saliu (Chief Imam of Ilorin and Chairman of the Council of Ulama), Alfa Abdulsalam Baba Tonile Okuta-Agidi, Kwara State Magistrates Court in Ilorin, and the Nigerian Correctional Service (NCoS) in Ilorin, Kwara State as the 2nd to 9th respondents in the suit designated FHC/L/CS/1674/2023. This legal action was filed by lawyer and activist Olukoya Ogungbeje.
Ogungbeje, who claims to be suing all the respondents in the public interest on behalf of traditional religion adherents and worshippers in Nigeria, states that the suit is brought pursuant to freedom of religion, thoughts, belief, and conscience under Sections 36, 38, 42, and 46 of the Constitution of the Federal Republic of Nigeria 1999, Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Order XI of the Fundamental Rights (Enforcement Procedure) Rules 2009, and under the court’s inherent jurisdiction as imbued by Section 6(6)(b) of the Constitution.
Consequently, Ogungbeje prays to the court for the following: “A determination of whether he can approach the court in the public interest for the enforcement of any of the Fundamental Rights expressly enshrined under Chapter IV of the Constitution in accordance with the Fundamental Rights (Enforcement Procedure) Rules 2009, seeking redress for violation or breach of any of the rights guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), whether the reliefs sought are personal to the applicant or not.
“A determination of whether the fundamental rights to freedom of religion guaranteed under Section 38 of the Constitution extend to traditional religion adherents who are citizens of the Federal Republic of Nigeria and can enjoy the right to freedom of religion, practice their religion, and celebrate cultural festivals without any let or hindrance by the respondents in any part or State in Nigeria.
“A determination of whether the stoppage of the Isese cultural festival slated for August 20, 2023, and the arrest, arraignment, and remand of traditional religion adherents and worshippers by the respondents without any cause and under the guise of defamation of character, do not constitute a brazen violation of traditional religion adherents’ rights to freedom of religion, thoughts, and conscience.
“A determination of whether, if the above questions are answered affirmatively, the stoppage of the Isese cultural festival and the arrest, arraignment, and remand of traditional religion adherents as Nigerian citizens is not a violent violation of the rights to a fair hearing and right to freedom of religion, as enshrined under Sections 36 and 38 of the Constitution of the Federal Republic of Nigeria, and ought not to be deprecated and declared unconstitutional,” they asked.
As of the time of filing this report, the respondents have yet to file any response to the legal offensive, and no date has been fixed for the hearing of the applicant’s motion on notice. (Daily Independent)
