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 killing and harassment of Shi’ite members while on peaceful religious practice.

In a suit marked: FHC/ABJ/CS/1147/2021, dated and filed on October, 4, 2021, the plaintiff, Suleiman Sadi, also joined the Nigerian Army, Nigerian Air Force, Commandant-General of Nigeria Security and Civil Defence Corps (NSCDC) and Attorney General of the Federation (AGF) as third to sixth 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 first and second defendants. The 25-year-old plaintiff, who averred 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 did not have the right to carry out the said religious exercise even when it was absolutely peaceful.

Sadi, therefore, 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 Shi’ite 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.

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“That the 1st, 2nd, 3rd, 4th and 5th defendants, their agents or privies cannot restrain the plaintiff and other Nigerian Shi’ite 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 Shi’ite Muslims who assembled at Gwarimpa, the FCT, Abuja on September 28, 2021, to carry out peaceful religious procession by the agents of the 1st, 2nd, 3rd, 4th and 5th defendants, their agents or privies amounted to 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 duty to advice the 1st, 2nd, 3rd, 4th and 5th defendants on the legality of their action in enforcing of law and order, and was under duty to advice them on the operations carried out against the plaintiff and other Nigerian Shi’ite 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 duty to protect Nigerian Shi’ite Muslims who engaged in peaceful religious procession and all Nigerians alike.”

The applicant also sought an order, directing the I-G 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 as at the time of filing the report.