Peter Obi supporter sues Inspector General of Police, DSS DG, AGF over crowd control situation in Enugu

A case has been filed at the Federal High Court of Nigeria, Abuja Judicial Division, seeking an order to mandate the Inspector General of Police (IGP), the Director Genera, Department of State Security Services (DSS) and the Attorney General of the Federation (AGF) to provide adequate security and protection to Mr. Peter Obi, the Presidential Candidate of the Labour Party (LP) in the February 25, 2023, Presidential Election.

The suit follows the situation at the Enugu State rallies of the Labour Party, especially in Nsukka, where an enthusiastic crowd of supporters of Mr. Obi surrounded him and he had to be ferried off the scene by the helicopter Pilot as scene from a video and pictures that have gone viral.

Though the Obi-Datti Campaign Organisation has put out a statement that there was nothing to worry about as there no threat to Mr. Obi’s life at any time, or an assassination attempt as was alleged, the applicant in the case filed Friday, January 13, 2023, Ken Eluma Asogwa, insists on a declaration that the acts of the “Respondents in allowing a mammoth crowd and unauthorized persons surround Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria at a very close proximity at campaign rallies exposes him to danger and (is) a threat to good governance in Nigeria and therefore unlawful, wrongful, and unconstitutional.“

In the affidavit in support of the suit filed on his behalf by C.C. Agidi Esq. and Chijioke Ideli Esq of C.C. Agidi & Co., Abuja, Asogwa stressed that “Mr. Peter Gregory Obi’s life was put in a great and grave danger, and the possibility of personal harm on the life of Mr. Peter Gregory Obi was visible and he was almost stampeded in the process.”

He argued that Mr. Obi “has the competence, the requisite character, energy to fix Nigeria,” a nation which, he said, “has suffered untold hardship, poor governance, in-depth corruption and incompetent leadership,” noting that he was, therefore, alarmed that adequate security is not being provided for him during his nationwide campaigns, resulting in the Enugu state incident.

He said is concerned because his life and the lives of members of his family “are dependent on a future good governance which Mr. Peter Gregory Obi has promised to offer,” hence his suit seeking the orders and interventions of the court which “are needed in order to safeguard the life of Mr. Peter Gregory Obi and protect the future of the applicant.”

Details of the case are reproduced below verbatim:

 

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/HC/            /2023

BETWEEN:

KEN ELUMA ASOGWA                                                         -APPLICANT

 

AND

1. INSPECTOR GENERAL OF POLICE -RESPONDENTS
2. THE DIRECTOR GENERAL DEPARTMENT OF STATE SECURITY SERVICES
3. ATTORNEY GENERAL OF FEDERATION

(JOINTLY & SEVERALLY)

ORIGINATING MOTION

CHAPTER 1V OF THE OF 1999 CONSTITUTION (AS AMENDED), SECTION 4 OF POLICE ACT, SECTION 2(3) NATIONAL SECURITY AGENCIES ACT AND ORDER 3 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019 AND INHERENT JURISDICTION OF COURT

 

TAKE NOTICE that this Honourable Court will be moved on the ……… day of …………………. 2023 at the hour of 9 O’ clock in the forenoon or so soon thereafter as Counsel for the Applicant can be heard for the following reliefs:

• A DECLARATION that the Respondents were negligent and breached their professional duties in allowing a mammoth crowd surround Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria at a very close proximity at a campaign rally in Enugu, Enugu State.
• A DECLARATION that the acts Respondents in allowing a mammoth crowd and unauthorized persons surround Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria at a very close proximity at a campaign rallies exposes him to danger and a threat to good governance in Nigeria and therefore unlawful, wrongful, and unconstitutional.
• A DECLARATION that the applicant has the right to vote for Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria whose presidency the Applicant believes will be a source of liberation for him and that of his family and the candidate is therefore entitled to full state protection by the Respondents.
• A DECLARATION that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria is entitled to the protection from harm and danger from the defendants under the 1999 Constitution (as amended) and Police Act.
• AN ORDER of mandating the Respondents to provide adequate security and protection to Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria during campaigns, rallies, during & after the election and thereafter.

AND for such order or other orders as the court may deem fit to make in the circumstances.

Dated this 13^thday of January, 2023

­­­­­­­­­­­­­­­­­­­_____________________

C.C. Agidi Esq.

Chijioke Ideli Esq

C.C. Agidi & Co.

Counsel to the Applicant

24 Dakar Street,

Wuse Zone 1, Abuja.

ccagidi@gmail.com

ccagidi@nigerianbar.ng

FOR SERVICE ON:

1^ST RESPONDENT

Inspector General of Police

C/o Force Headquarters

Louis Edet House, Abuja, FCT

 

2^ND RESPONDENT

Department of State Security Services

Yellow House, Aso Drive, Abuja

 

3^RD RESPONDENT 

ATTORNEY GENERAL OF FEDERATION

Attorney General’s Chambers,

Federal Ministry of Justice,

Federal Secretariat,

Abuja, FCT

 

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/HC/            /2023

BETWEEN:

KEN ELUMA ASOGWA                                                         -APPLICANT

 

AND

1. INSPECTOR GENERAL OF POLICE -RESPONDENTS
2. THE DIRECTOR GENERAL DEPARTMENT OF STATE SECURITY SERVICES
3. ATTORNEY GENERAL OF FEDERATION

(JOINTLY & SEVERALLY)

 

AFFIDAVIT SETTING OUT FACTS IN SUPPORT OF MOTION

 

I, Ken Eluma Asogwa, Adult Male, Nigerian, Christian, of Suite 6 Mangal Plaza, Wuse zone 1, Abuja, FCT, do hereby make oath and say THAT:

1. I am the Applicant on record and I am very conversant with the facts of this matter.
2. The 1^st and 2^nd Respondents are appointees of the Federal Government of Nigeria and responsible for internal security in Nigeria.
3. The 3^rd Respondent represents the Federal Government and its agencies in every suit in Nigeria.
4. I am a Nigerian citizen, a voter, an advocate of good governance and a believer that the right and competent person should be the President of the Federal Republic of Nigeria in the 2023 and subsequent elections. My permanent voter’s card is herewith as Exhibit A.
5. I am an advocate and a believer that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election is the best candidate for the Nigerian people.
6. That I believe that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election has the competence, the requisite character, energy to fix Nigeria.
7. I know as a fact that Nigeria as a nation has suffered untold hardship, poor governance, in-depth corruption and incompetent leadership.
8. I know as a fact that the Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election campaign has the capacity and the competence to fix Nigeria and provide better life for me and my family.
9. My desire is to vote for Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election with the confidence that he will fix Nigeria.
10. I am following up with the campaign trails of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and was alarmed that in his campaign rallies, adequate security are not provided for him and that the said Mr. Peter Gregory Obi is campaigning all over Nigeria.
11. In particular, on the 12^th January 2023, Mr. Peter Gregory Obi was in Enugu, Enugu State for his campaign as part of his ongoing presidential campaign.
12. In the said campaign in Enugu, Mr. Peter Gregory Obi was surrounded by a mammoth crowd which made it impossible for him to pass and he was hurriedly and luckily taken away from the crowd for safety by unauthorized persons. Pictures of the said event are attached as Exhibit B1 to B8.
13. The said Mr. Peter Gregory Obi’s life was put in a great and grave danger, and the possibility of personal harm on the life of Mr. Peter Gregory Obi was visible and he was almost stampeded in the process.
14. My life and the lives of my family are dependent on a future good governance which Mr. Peter Gregory Obi has promised to offer.
15. The Respondents have a statutory duty to provide adequate security and protect the life of Mr. Peter Gregory Obi.
16. The acts of the Respondents aforesaid in not providing adequate security are illegal, unlawful and unconstitutional.
17. The orders and interventions of this court are needed in order to safeguard the life of Mr. Peter Gregory Obi and protect the future of the applicant.
18. It is in the interest of justice to grant this application.
19. The Respondents will not be prejudiced by the grant of this application.

I make above affidavit believing the contents to be true and in accordance with Oaths Act

__________

DEPONENT

Sworn to at Federal High Court Registry,

Abuja this ____Day of ………………., 2023

BEFORE ME 

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/HC/            /2023

BETWEEN:

KEN ELUMA ASOGWA                                                         -APPLICANT

 

AND

1. INSPECTOR GENERAL OF POLICE -RESPONDENTS
2. THE DIRECTOR GENERAL DEPARTMENT OF STATE SECURITY SERVICES
3. ATTORNEY GENERAL OF FEDERATION

(JOINTLY & SEVERALLY)

WRITTEN ADDRESS

• INTRODUCTION
  • The Applicant is an Adult Male, Nigerian, Christian, and who beliefs good governance and the manifesto of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election.
  • The Applicant has noted with worry recent happenings in the campaign rallies of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and has filed this motion praying for the following reliefs;

1. A DECLARATION that the Respondents were negligent and breached their professional duties in allowing a mammoth crowd surround Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria at a very close proximity at a campaign rally in Enugu, Enugu State.
2. A DECLARATION that the acts Respondents in allowing a mammoth crowd and unauthorized persons surround Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria at a very close proximity at a campaign rallies exposes him to danger and a threat to good governance in Nigeria and therefore unlawful, wrongful, and unconstitutional.
3. A DECLARATION that the applicant has the right to vote for Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria whose presidency the Applicant believes will be a source of liberation for him and that of his family and the candidate is therefore entitled to full state protection by the Respondents.
4. A DECLARATION that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria is entitled to the protection from harm and danger from the defendants under the 1999 Constitution (as amended) and Police Act.
5. AN ORDER of mandating the Respondents to provide adequate security and protection to Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria during campaigns, rallies, during & after the election and thereafter.
   • Applicant has brought this application to enforce to protect the right of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and that of himself and family.

• ISSUES FOR DETERMINATION

We submit a sole issue for determination:

Whether or not the Applicant is not entitled to the reliefs sought in this application?

• LEGAL ARGUMENT
  • we submit that by the combined provisions of the 1999 Constitution, Police Act, National Security Agencies Act and inherent jurisdiction of court, Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria is entitled to the protection and reliefs captured in this originating motion.
  • Section 4 of the Police Act provides;

The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.

• Section 2(3) of the National Security Agencies Act also made a similar provision to the effect that;

The State Security Service shall be charged with responsibility for-

(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

(b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and

(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

• It is our submission that the different agencies of government are under legal duties to see that the laws and statutes creating them and particularly the constitution are upheld and its provisions complied with. In EGHEGHE V. STATE(2020) LPELR-50552(SC) the apex court held “Once again, it is necessary to remind our police force that the sacred duty entrusted to them is the protection and security of the lives and property of citizens. The weapons they carry are not for the settlement of personal scores with individual citizens. The life of every Nigerian is sacred and must be protected within the ambit of the law.” Per KEKERE-EKUN ,J.S.C (Pp. 19-20 paras. F).
• The court further in EMONENA & ANOR V. IGP & ORS(2016) LPELR-41489(CA) held;

 “The Police under the Police Act 1943 Section 4 provides that the Police duties are to: (a) prevent crimes (b) detect crime (c) apprehend offenders (d) preserve law and order (e) protect life and property and (f) enforce all laws and regulations with which they are directly charged. Chukwuma v. Commissioner of Police (2005) 8 NWLR (Pt. 927) pg. 278; Guda v. Kitta (1999) 12 NWLR (Pt. 629) pg. 21.”  Per NDUKWE-ANYANWU ,J.C.A (Pp. 12-13 paras. E).

• This court is strongly footed to grant an order that will enduer that the different agencies of government to see to it that the laws and the constitutions are obeyed. In UKPAI V. OMOREGIE & ORS(2019) LPELR-47206(CA)

“I must add by way of emphasis that it behoves the Courts as the veritable agency for the protection and preservation of rule of law to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations. Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty. The Supreme Court put the issue in proper perspective in the case of A.G. ADAMAWA STATE & amp; ORS. VS. A.G FEDERATION (2005) 18 NWLR (PT. 958) 581 wherein it was held per Ejiwumi JSC that: “It is in my view manifest that where a party considered that his constitutional rights have been breached, that party can quite properly seek the invocation of the Courts powers to protect the invasion of such rights. If the constitution is to be upheld and undoubtedly it must be, then a breach of it or the likelihood of its being breached must be capable not only of being vindicated but also of being prevented.” In the instant case the invasion of the place of business of the Appellant/Cross Respondent and his arrest and detention based on a complaint by the 1st Respondent that her missing vehicle is similar to the one in the Appellant’s sales depot without any preliminary investigation or inquiry smacks of reckless abuse of power that should not be allowed to persist in this country if we are to make progress, socially, politically and economically. The Courts should indeed rise up to protect the helpless and hapless citizenry from wanton abuse of powers by agencies of government and one of such modes of deterrence is the award of punitive or exemplary damages in the event of any such breach of the fundamental right of any aggrieved person.”</span>  Per OSEJI ,J.C.A (Pp. 36-38 paras. E)

 

• • We respectfully urge this Honourable court in the interest of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria is entitled, the applicant and indeed the good people of Nigeria to grant this application.

 

Dated this 13^thday of January, 2023

 

­­­­­­­­­­­­­­­­­­­_____________________

C.C. Agidi Esq.

ChijiokeIdeliEsq

C.C. Agidi& Co.

Counsel to the Applicant

24 Dakar Street,

Wuse Zone 1, Abuja.

08038720979

ccagidi@gmail.com

ccagidi@nigerianbar.ng

FOR SERVICE ON:

1^ST RESPONDENT

Inspector General of Police

C/o Force Headquarters

Louis Edet House, Abuja, FCT

 

2^ND RESPONDENT

Department of State Security Services

Yellow House, Aso Drive, Abuja

3^RD RESPONDENT 

ATTORNEY GENERAL OF FEDERATION

Attorney General’s Chambers,

Federal Ministry of Justice,

Federal Secretariat,

Abuja, FCT

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/HC/            /2023

BETWEEN:

KEN ELUMA ASOGWA                                                         -APPLICANT

 

AND

1. INSPECTOR GENERAL OF POLICE -RESPONDENTS
2. THE DIRECTOR GENERAL DEPARTMENT OF STATE SECURITY SERVICES
3. ATTORNEY GENERAL OF FEDERATION

(JOINTLY & SEVERALLY)

 

AFFIDAVIT OF URGENCY IN  SUPPORT OF MOTION

I, Ken Eluma Asogwa, Adult Male, Nigerian, Christian, of Suite 6 Mangal Plaza, wuse zone 1, Abuja, FCT, do hereby make oath and say THAT:

1. I am the Applicant on record and I am very conversant with the facts of this matter.
2. The 1^st and 2^nd Respondents are appointees of the Federal government of Nigeria and responsible for internal security in Nigeria.
3. The 3^rd Respondent represents the Federal Government and its agencies in every suit in Nigeria.
4. I am a Nigerian citizen, a voter, an advocate of good governance and a believer that the right and competent person should be the President of the Federal Republic of Nigeria in the 2023 and subsequent elections. My permanent voter’s card is herewith as Exhibit A.
5. I am an advocate and a believer that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election is the best candidate for the Nigerian people.
6. That I believe that Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election has the competence, the requisite character, energy to fix Nigeria.
7. I know as a fact that Nigeria as a nation has suffered untold hardship, poor governance, in-depth corruption and incompetent leadership.
8. I know as a fact that the Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election campaign has the capacity and the competence to fix Nigeria and provide better life for me and my family.
9. My desire is to vote for Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election with the confidence that he will fix Nigeria.
10. I am following up with the campaign trails of Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and was alarmed that in his campaign rallies, adequate security are not provided for him and that the said Mr. Peter Gregory Obi is campaigning all over Nigeria.
11. In particular, on the 12^th January 2023, Mr. Peter Gregory Obi was in Enugu, Enugu State for his campaign as part of his ongoing presidential campaign.
12. In the said campaign in Enugu, Mr. Peter Gregory Obi was surrounded by a mammoth crowd which made it impossible for him to pass and he was hurriedly and luckily taken away from the crowd for safety by unauthorized persons. Pictures of the said event are attached as Exhibit B1 to B8.
13. The said Mr. Peter Gregory Obi’s life was put in a great and grave danger, and the possibility of personal harm on the life of Mr. Peter Gregory Obi was visible and he was almost stampeded in the process.
14. My life and the lives of my family are dependent on a future good governance which Mr. Peter Gregory Obi has promised to offer.
15. The Respondents have a statutory duty to provide adequate security and protect the life of Mr. Peter Gregory Obi.
16. The acts of the Respondents aforesaid in not providing adequate security are illegal, unlawful and unconstitutional.
17. The orders and interventions of this court are needed in order to safeguard the life of Mr. Peter Gregory Obi and protect the future of the applicant.
18. That it is extremely urgent to hear this application as the Mr. Peter Gregory Obi- the presidential candidate of the Labour Party in the 2023 Presidential election and a potential President of Nigeria is currently traveling to different parts of Nigeria and election is on 25^th February 2023.
19. That irreparable damage will be caused if this application is not heard urgently.
20. It is in the interest of justice to grant this application.
21. The Respondents will not be prejudiced by the grant of this application.

 

I make above affidavit believing the contents to be true and in accordance with Oaths Act

__________

DEPONENT

Sworn to at Federal High Court Registry,

Abuja this ____Day of ………………., 2023

 

BEFORE ME

 

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/HC/            /2023

BETWEEN:

KEN ELUMA ASOGWA                                                         -APPLICANT

 

AND

1. INSPECTOR GENERAL OF POLICE -RESPONDENTS
2. THE DIRECTOR GENERAL DEPARTMENT OF STATE SECURITY SERVICES
3. ATTORNEY GENERAL OF FEDERATION

(JOINTLY & SEVERALLY)

 

AFFIDAVIT OF NON-MULTIPLICITY OF SUITS

I, Ken Eluma Asogwa, Adult Male, Nigerian, Christian, of Suite 6 Mangal Plaza, Wuse zone 1, Abuja, FCT, do hereby make oath and say THAT:

1. I am the Applicant on record and I am very conversant with the facts of this matter.
2. That this is the only suit I filed and do maintain in respect of the subject matter of the suit and that there is no other suit pending in this Court or any other Court anywhere in Nigeria filed by me in respect of the subject matter of this suit.
3. That this affidavit is necessary to put the records straight and in compliance with the rules of this Court.
4. I make this affidavit in good faith and in accordance with the Oaths Act, Cap O1, Laws of the Federation of Nigeria, 2004.

______________                                                                                                                  Deponent

Sworn to at the Federal High Court RegistryAbuja.

This…………….day of……………………, 2023

 

                                                         BEFORE ME

                                              COMMISSIONER FOR OATHS