Lagos
(NAN) A Federal High Court in Lagos on Monday partly granted a motion by
members of the Neo Black Movement of Africa (also known as Black Axe),
seeking enforcement of their fundamental rights.
Justice Mohammed Yunusa granted an
order for a declaration that the applicant, being a duly registered
incorporated trustee, had a right to peaceful assembly and association.
It will be recalled that the
applicants had filed the suit in August under the aegis of Registered Trustees
of NBM of Africa.
They had filed the suit alongside
three members namely, Oritsebemigho Eyeoyibo, Great Albert and Dr Mayor
Onyebuyeke, for enforcement of their rights under order 2 rules 1 to 5 of the
fundamental rights enforcement procedure rules.
Joined as respondent in the suit is
the Inspector General of Police.
The applicant is seeking a
declaration that the indiscriminate arrest and detention of its members by
agents of the respondent was unlawful.
They are also seeking a declaration
that the parading of its members by agents of the respondents on television as
common criminals was a breach of their fundamental rights.
When the matter was called on
Monday, counsel to the applicant Mr Anthony Orunkoya, informed the court that
the matter was slated for ruling.
Delivering his ruling, Justice
Yunusa granted prayers A, B and C of the applicant.
“From all the evidence before the
court, the first applicant is a registered organisation with the Corporate
Affairs Commission.
“The second to fourth applicant have
the constitutional right to belong to the first applicant being a registered
organisation under the laws of Nigeria.
“NBM of Africa has a right to admit
any person that is so interested as a member in exercise of his or her right
under Chapter 4 of the constitution with respect to freedom of association.
“Therefore, prayers A, B and C of
the applicant are hereby granted,’’ he said.
In prayer A, the applicant sought a
declaration that being a duly registered incorporated trustee in Nigeria, it
had a right to assemble and associate freely by virtue of section 40 of the
constitution.
In prayer B, the applicant sought a
declaration that the indiscriminate arrest of its members by the respondent was
a breach of their right to personal liberty.
In prayer C, the applicant also
sought a declaration that the parading of its members by the respondent on
national television as criminals was in breach of sections 34 and 35 of the
constitution.
In their affidavit in support of the
motion the applicant averred that the NBM was formed in 1977 in Benin City as a
human rights organisation.
The applicant averred that on July
6, policemen from the Lagos State Police Command, Ikeja, stormed the venue of
their meeting at AY Hotel, Ogba and arrested two of its members.
According to the applicant, the
members were made to sit on the floor, and were asked to pay some amount of
money if they desired not to be taken to the station.
The applicant averred that on July
7, another set of policemen also besieged the venue of their meeting and again,
arrested some its members.
According to the applicant, the
police alleged that their gathering is unlawful.
The applicants therefore, want the
court to declare the arrest, detention and parade of its members as unlawful.
