Activist musician and convener of OurMumuDonDo movement Charles Oputa, has filed a fundamental rights enforcement suit against the Nigerian Police.

In the suit filed on his behalf by Inibehe Effiong, a Lagos-based lawyer, Charly Boy is seeking damages worth N500m for infringement of his human rights.

The case which was filed at the Federal High Court in Abuja is yet to eb assigned to Judge.

Charly Boy is alleging the police infringed on his to human person, freedom of expression, peaceful assembly and association over the attack on the Resume or Resign protesters on August 8th, 2017.

In his written address in support of his client’s application with reference number FCT/HC/CV/3037/2017, Effiong is asking the court to determine the following two issues:

i) Whether the use of teargas canisters, water cannon and wild police dogs by the agents and officers of the Respondent to attack, harass and disperse the Applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday, 8th August, 2017 is not unjustifiable, illegal, unconstitutional and a breach of the Applicant’s fundamental rights to the dignity of the human person, freedom of expression, peaceful assembly and association and contrary to Sections 34, 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5, 9, 10 and 11 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

ii) Whether having regard to the facts and circumstances of this case and the evidence before this Honourable Court, the Applicant is entitled to public apology, compensation, damages and other reliefs sought in this Application from the Respondent.

Upon resolution of the above issues, the Applicant, Charles Oputa, is seeking the following eight reliefs from the court:

A DECLARATION that the use of teargas canisters, water cannon and wild police dogs by the agents and officers of the Respondent to attack, harass and disperse the Applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday, 8th August, 2017 is unjustifiable, illegal, unconstitutional and a breach of the Applicant’s fundamental right to dignity of the human person and contrary to Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

A DECLARATION that the use of teargas canisters, water cannon and wild police dogs by the agents and officers of the Respondent to attack, harass and disperse the Applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday 8th August, 2017 where the Applicant and other activists had gathered to demand that President Muhammadu Buhari should either return to the country from his long medical vacation in the United Kingdom or resign is unjustifiable, illegal, unconstitutional and amounts to a violation of the Applicant’s fundamental right to freedom of expression and contrary to Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

A DECLARATION that the use of teargas canisters, water cannon and wild police dogs by the agents and officers of the Respondent to attack, harass and disperse the Applicant during a peaceful demonstration at the Unity Fountain in Maitama, Abuja on Tuesday, 8th August, 2017, where the Applicant and other activists had assembled under the umbrella of an association known as OurMumuDonDo movement to demand that President Muhammadu Buhari should either return to the country from his long medical vacation in the United Kingdom or resign is unjustifiable, illegal, unconstitutional and amounts to a violation of the Applicant’s fundamental right to peaceful assembly and association and contrary to Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 10 and 11 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

AN ORDER compelling the Respondent to publish a public apology to the Applicant in Five National Newspapers for violating the Applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association on Tuesday, 8th August, 2017 at Unity Fountain in Maitama, Abuja.

AN ORDER directing the Respondent to pay the sum of N100,000,000.00 (One Hundred Million Naira) as GENERAL DAMAGES to the Applicant for violating the Applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association on Tuesday, 8th August, 2017 at Unity Fountain in Maitama, Abuja.

AN ORDER directing the Respondent to pay the sum of N400,000,000.00 (Four Hundred Million Naira) as EXEMPLARY DAMAGES to the Applicant violating the Applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association on Tuesday, 8th August, 2017 at Unity Fountain in Maitama, Abuja.

AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent and the Nigeria Police Force from further interfering with or violating the Applicant’s Fundamental Rights to dignity of the human person, freedom of expression, peaceful assembly and association.

AND FOR SUCH FURTHER ORDER or orders as this Court may deem fit to make. (TV360 Nigeria)

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