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.
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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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