From Godwin Tsa, Abuja
The Inspector General of Police (IGP) and the Director General of the Department of State Services (DSS) have been dragged before the Abuja division of the Federal High Court over alleged unlawful killings and harassment of Shiites on peaceful religious practice.
In a suit dated and filed on October 4, the plaintiff, Suleiman Sadi, also joined the Nigerian Army, Nigerian Airforce, Commandant-General of Nigeria Security and Civil Defence Corps (NSCDC) and Attorney General of Federation (AGF) as 3rd to 6th defendants respectively.
In the originating summons filed by Bala Dakum, the IGP and the DSS DG, in the originating summons brought under Order 3, Rules 6 and 7 of the Civil Procedure Rules, 2009 of the court, among others, are 1st and 2nd defendants.
The 25-year-old plaintiff, who argued that the procession carried out on September 27 and September 28 was conducted peacefully, said the security agents’ attack on them was unprovoked.
According to the affidavit in support, the security forces warned us that we do not have the right to carry out the said religious exercise even when it was absolutely peaceful.
Sadi sought seven consequential reliefs.
He wants the court to declare that ‘by virtue of Section 38(1), 40 and 42(1) of the 1999 Constitution (as amended), he and other Nigerian Shiite Muslims are guaranteed freedom to peacefully assemble, associate and practise their religion in public in any part of Nigeria, including the Federal Capital Territory (FCT), Abuja.
‘That the 1st, 2nd, 3rd, 4th and 5th defendants, their agents or privies cannot restrain the plaintiff and other Nigerian Shiite Muslims from assembling, associating and peacefully practising their religion in public in any part of Nigeria, including the FCT, Abuja.
‘That the arrest, detention, maltreatment and killing of several Shite Muslims who assembled at Gwarimpa, the FCT, Abuja on 28th September 2021, to carry out a peaceful religious procession by the agents of the 1st, 2nd, 3rd, 4th and 5th defendants, their agents or privies amounted to a violation of their rights to freedom of religion, association and peaceful assembly.
‘That by virtue of Section 150(1) of the 1999 Constitution (as amended), the 6th defendant (AGF) is under a duty to advise the 1st, 2nd, 3rd, 4th and 5th defendants on the legality of their action in enforcing of law and order and was under a duty to advise them on the operations carried out against the plaintiff and other Nigerian Shiite Muslims while on peaceful religious procession on the said date.
‘That by virtue of Section 5(3) of the Nigeria Police Act, 2020 (as amended), the 1st defendant (I-G) is under a duty to protect Nigerian Shiite Muslims who engaged in peaceful religious procession and all Nigerians alike.’
The applicant urged the court to make an order of perpetual injunction, restraining the 1st to 4th defendants from further arresting, intimidating, shooting, killing or interfering with any peaceful assembly or peaceful religious procession by the plaintiff and other Nigerian Shiite Muslims in any part of the country, including FCT.
He also sought an order, directing the IGP to protect the plaintiff and the group wherever they are out to carry out peaceful religious practice in the country.
The matter is yet to be assigned to a judge at the time of the report.