Oct 1: Restriction of protests to two designated venues still stands – Lagos Govt

Governor Babajide Olusola Sanwo-Olu of Lagos

Published By: Taiwo Okanlawon

The Lagos State Government has advised organisers of the October 1 protest not to disrupt the social and economic activities in the state during their protest saying that the directives of the governor of the State to the Commissioner of Police of Lagos State for maintenance and securing of public safety and public order during the protest stands

The state government also said that a Lagos High Court order which restricted the protest to Freedom and Peace Parks in the Ojota and Ketu areas of the state is still binding.

Recall that the organisers of the October 1 protest at a press briefing last Thursday had stated that the protest in Lagos will commence at Ikeja under bridge at 7:30am, with participants marching through various streets to raise awareness on what they described as ‘anti poor policies’ of the federal government.

They also requested the Lagos state Commissioner of Police, Olanrewaju Ishola, to provide adequate security for all protesters in line with the Police Establishment Act 2020.

Responding to questions by some journalists on the issue on Sunday, the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, noted that the state Governor, Babajide Sanwo-Olu is not opposed to any group of residents expressing their view about any government by way of public protest, but that such expression must be done within the confines of the law.

Pedro stated that a Lagos High Court had restricted the protest in the state to Freedom and Peace Parks in the state and urged the protesters to respect the court order by confining themselves to the two venues.

He said: “We have and shall continue to engage the civil societies and NGOs in Lagos who are genuinely interested in the development of Lagos State to explain and enlighten them that the Governor of Lagos State Babajide Sanwo-Olu is not opposed to any group of residents to express their view about any government by way of public protest as it is their fundamental right guaranteed by the Constitution of Nigeria 1999.

“However the fundamental rights to freedom of speech, association and assembly is not absolute and by virtue of section 45, section 215 (4) of the Constitution of Nigeria (as amended) and section 4 & 10(2) of the Police Act, it is lawful for the Governor of Lagos State or the Attorney General of Lagos on his behalf to give the Commissioner of Police of Lagos State directive for maintenance and securing of public safety and public order that may impact on the exercise of these fundamental rights.”

Pedro insisted that the state government would not permit any street protest that can be hijacked by criminal elements whose agenda is destruction of government or other residents’ properties.

• Okpebholo has strong vision for Edo development, says Sanwo-Olu
• Sanwo-Olu invites Lagosians to take part in test operations of Red Line train
• NNPC launches Vision First Programme in Ilaje community, Lagos

“In that respect we advise that the organisers should utilise the designated venues in the State for public protest to wit; Freedom Park and Peace Park for adequate protection and coverage of the protest by members of the press,” he said.

Continuing, Pedro said; “It is the same set or group of people that organised the last protest that are planning the Oct 1st protest, so they should be guided by the interim preservative order of injunction of court restricting public protest in the State to designated venues for the purpose.

“More so a substantive action is pending in court against them wherein an order of Interlocutory and perpetual injunction are being sought to permanently restrict any person or group of persons that wish to organise public protest in Lagos State to do so at designated venues.

“It is settled principle of law that a defendant who is aware of a pending claim or application for injunction against him in a court of law, has an obligation to respect the court process and not engage in the same act sought to be restrained.

“Therefore whether the interim preservative order is subsisting or not, by the subsisting suit, it will be unlawful for any body, civil society or NGO in Lagos to convene any public protest outside the designated venue.

“They should use the designated venues for their protest so that adequate security protection and traffic management can be provided for them to exercise their recognised fundamental right to freedom of speech, association and assembly without fear of the protest being hijacked and turned violence as experienced during the #EndSARS protest.

“The last End bad governance protest in Lagos was violence-free and successful because it was held in designated venues for public protest in the State.

“I believe that if the real intention and plans of the organisers of the protest is to air their views and resentment against government policies and hunger in the land, making use of the designated venue will not be prejudicial to them unless of course they have a different and hidden agenda.

“I would also advise a rethink of the idea of taking over the streets of Lagos for the purpose of the protest bearing in mind that the fundamental rights of other people not interested in the protest should not be infringed upon and that the properties or businesses of other people may be destroyed if the protest is hijacked on the streets.”