Justice Nathaniel Ayo-Emmanuel of a Federal High Court sitting in Osogbo, Osun State on Thursday restrained the police from arresting some chieftains of the Peoples Democratic Party in the state, ahead of Saturday’s State House of Assembly election.
The order was sequel to an application brought before the court by four Osun PDP chieftains against the Inspector General of Police, Assistant Inspector General of Police Zone XI and Osun State Commissioner of Police.
The plaintiffs, Mr. Ibukun Fadipe, Mr. Sarafadeen Awotunde, Mr. Ojo Abiodun Michael, Mr. Abiodun Ojo, and the PDP through their counsel, Hashim Abioye, in an exparte application dated 14th March filed on March 15, had sought an order restraining the defendants from arresting or detaining them and members of their party particularly to enable them participate in the Saturday’s election.
The plaintiffs also sought an order from the court restraining the defendant from restricting their liberty and freedom of movement as guaranteed by the Constitution.
The application partly read, “An order restraining all the defendants from arresting, detaining or further arresting/detaining the plaintiffs and their members across Osun State so as not to infringe or further infringe on the rights of the plaintiffs to dignity of human person, liberty and freedom of movement and expression guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and under the African Charter on Human and People’s Rights (particularly in relation to the opportunity to freely, actively and outrightly participate in the forthcoming Osun State House of Assembly election scheduled to take place on the 18th March, 2023), pending the final determination of the originating summons in this case.
“An order restraining all the defendants from making efforts or restrict liberty of the plaintiffs, dignity of human person, and freedom of movement and expression guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and under the African Charter on Human and People’s Rights (particularly in relation to the opportunity to freely, actively and outrightly participate in the forthcoming Osun State House of Assembly election scheduled to take place on the 18th March, 2023), pending the final determination of the originating summons in this case.”
In his ruling, Justice Ayo-Emmanuel granted the reliefs sought by the plaintiffs and adjourned the matter till April 26 for hearing.
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