THE President of the Senate, Bukola Saraki and two other senators, Dino Melaye and Ben Murray-Bruce on Monday asked the Federal High Court in Abuja to set aside the invitation of the police in respect of their involvement in the protest by the Peoples Democratic Party (PDP) last week.
Members of the PDP had on October 5, 2018, embarked on a protest to the headquarters of the Independent National Electoral Commission (INEC) asking the electoral body to maintain neutrality and endeavour to conduct a free and fair election in 2019.
Their protest was propelled by the alleged support INEC gave to the ruling party, the All Progressives Congress (APC) in the just concluded Osun state governorship election.
The plaintiffs in the suit marked FHC/ABJ/CS/1095/2018, is asking the court for an order of perpetual injunction restraining the police from any further unlawful harassment, intimidation, attempt to arrest and detain the applicants in connection with their unlawful peaceful demonstration.
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The suit which is brought pursuant to section 46(1) and 3 of the 1999 constitution as amended, order 2 and rule 1, order 2 rule 2 of the fundamental rights enforcement procedure rules 2009, has as respondents the Inspector General of Police and the Commissioner of Police, Federal Capital Territory (FCT).
In the fundamental rights suit dated and filed 8th October, 2018, counsel to the plaintiffs, Mahmud Magaji (SAN), amongst others is praying the court to declare that the threat, intimidation and unlawful harassment of the applicants by the police via a letter of invitation wherein the applicants were directed to appear before the agents of the 2nd respondents on October 8, 2018, is illegal, unconstitutional and a gross violation of the applicants fundamental rights as guaranteed under section 34 and 35 of the 1999 constitution of the Federal Republic of Nigeria as amended and article 11 of the African Charter on human and peoples right (ratification and enforcement) Acts, cap 10, laws of the Federation of Nigeria.
The plaintiffs, in addition, want a declaration that the invitation of the applicants by the police was initiated by the 2nd respondent to harass, molest, intimidate and prevent the applicants from exercising their fundamental rights under section 39 and 40 of the 1999 constitution of the Federal Republic of Nigeria as amended.
They consequently prayed the court for an order directing the respondents jointly and severally to pay the applicants the sum of N500 million being the pecuniary and exemplary damages arising from the humiliation and unlawful attempt to arrest the applicants by the agents of the 2nd respondents.
No date has been fixed for the hearing of the suit.
