Omirhobo Takes FG To Court, Challenges Ban On Amotekun

..says there can’t be ban on operation Amotekun while HISBAH
subsist

Lagos socio critic and human rights activist, Chief Malcolm
Emokinovo Omirhobo on Friday filed a suit before a Federal High
Court in Lagos, challenging the declaration as illegal, of
opeartion Amotekun in the western states of Nigeria.

In his suit, the plaintiff joined the following defendants;

The President of Nigeria, Attorney General of the Federation,
National Assembly, Inspector General of Police, The Army, Navy, and
Airforce.

He also joined the Attorney Generals of Lagos State, Ogun State,
Oyo State, Ondo State, Osun State, and Ekiti States.

Also joined are Attorney Generals of Zamfara, Gombe, Kano,
Katsina, Kaduna, Niger, Borno, Bauchi, Jigawa, Kebbi, Sokoto, and
Yobe States.

His Originating summons is brought 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.

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.

He 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.

The lawyer therefore, wants 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 the Defendants and all
persons and authorities in Nigeria.

The lawyer consequently, want the court to make an ORDER

“Restraining the govenrment, 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) iin 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.

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