From KEHINDE ADEWOLE
A rights activist and legal practissioner, Malcolm Emokinovo Omirhobo has dragged Federal Government of Nigeria Attorney General of the Federation and the National Assembly to court over the pronouncement of the South West Security outfit codenamed Amotekun as illegal by the AGF, recently.
In a suit the lawyer filed before a Federal High Court in Lagos, copy of which was made available to Daily Sun on Friday night, he challenged the declaration of the instituted security outfit ‘Amotekun’ as illegal.
In Omirhobo’ s suit, he joined the President of Nigeria, Attorney General of the Federation, National Assembly, Inspector General of Police, The Army, Navy and Airforce, as defendants, adding also the Attorney Generals of Lagos State, Ogun State, Oyo State, Ondo State, Osun Sttate, and Ekiti States.
Also joined are Attorney Generals of Zamfara, Gombe, Kano, Katsina, Kaduna, Niger, Borno, Bauchi, Jigawa, Kebbi, Sokoto, and Yobe States.
The rights activist brought his Originating summons to the court in pursuant to Order 3 RULES 6, 7 AND 9 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2019 and under the Inherent Jurisdiction of the court.
According to the suit, Omirhobo wants the court to decide whether it is discriminatory, improper , illegal, unlawful unconstitutional and undemocratic for the Nigerian government to support the transformation, institutionalization and implementation of Sharia and the use of Sharia Police (HISBAH) running parallel with the Nigerian Police Force in the defendant northern States with Public funds while refusing to support the establishment of Operation Amotekun, a vigilante secular security outfit, set up within the context of a Federal system of Government to augment and complement the Nigerian Police.
The lawyer I’m activist also wants the court to decide whether by the clear interpretation of the provisions of sections 1(1) and 10 of the 1999 Constitution, it is proper , legal, lawful ,constitutional and democratic for the defendants to transform, institutionalize and implement Sharia in their States with Public funds taking into cognizance the fact that Nigeria is a secular State.
Omirhobo also wants the court to decide whether the provisions of the 1999 Constitution of the Federal Republic of Nigeria, is the supreme law of Nigeria and its provisions have binding force on all the Defendants and all persons and authorities in Nigeria.
Based on the foregoing premises, the activist therefore, seeks the court to declare THAT:
“It is discriminatory, improper , illegal, unlawful ,unconstitutional and undemocratic for the Nigerian Government to support the transformation, institutionalization and implementation of Sharia and the use of Sharia Police (HISBAH) in northern States, while declaring illegal, the establishment of Operation Amotekun, a secular, vigilante security outfit, set up within the context of a Federal system of Government to augment and complement the Nigerian Police.
“That it is improper , illegal, unlawful ,unconstitutional and undemocratic for the defendants to transform, institutionalize and implement Sharia in their States with Public funds taking into cognizance the fact that Nigeria is a secular State.
“That the provisions of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), is the supreme law of Nigeria and its provisions have binding force on all.
Omirhobo consequently, seeks the court to make an ORDER: “Restraining the government, their servant agents and/or privies from discriminating against the Nigerian Public in the South West Zone that is Lagos , Ogun, Ondo, Osun, Oyo and Ekiti States by depriving them of those rights, privileges, opportunities or advantages to protect their lives and properties which the Nigerian Public in Zamfara, Kano, Sokoto, Kastina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe States are accorded and allowed to enjoy.
“An Order, restraining the defendants from institutionalizing and implementing Sharia and appropriating public funds for the sustenance of Sharia Police (HISBAH) in their various States .
“An Order disbanding Sharia Police (HISBAH) in Zamfara, Kano, Sokoto, Kastina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe States as part of State security infrastructure .
An Order, compelling the defendants their servants, agents and privies to protect and respect the fundamental rights to freedom from discrimination, right to life, right to acquire and own immovable property and the right to freedom of movement of the Plaintiff and those of the Nigerian Public in the South West Zone of Nigeria.
An order, restraining the defendants, their servants, agents and privies from harassing, intimidating, molesting, dehumanizing, coercing, cowing or bullying the Nigerian Public of the South West Zone who naturally are seeking means to protect their inalienable right to life and also protect their properties and other rights guaranteed to them by law.
He wants the court to make such further order or orders, that it deems fit to make in the circumstances of the case.No date has been fixed for hearing of the new suit.
