Popular musician and entertainer, Charles Oputa otherwise known as Charly Boy on Thursday in Abuja re-filed a suit at the Federal high court against the Commissioner of Police Federal Capital Territory (FCT) and Inspector General of Police for assault he faced alongside members of OurMumuDonDo Movement during a peaceful protest on 8th August 2017.
The anti riot policemen from FCT command assaulted the protesters at the Unity Fountain when policemen began firing tear gas canisters and high velocity stream of water to disperse them. Charly Boy was reportedly collapsed following inhalation of tear gas canisters shot at him.
The movement had organised a peaceful protest tagged #ResumeorResign following a continued absent of President Muhammadu Buhari from the country who was receiving medical treatment in London for an undisclosed ailment.
Counsel to the group , Barr. Inibehe Effiong told journalists after refilling the case at the federal high court that the FCT high court struck out the case and declined jurisdiction on the matter on the basis that the group ought to have approached the Federal high court instead . He noted that his client would not give up on the struggle and that is why they decided to refile the case.
” We respect the judge as a lawyer and minister of justice in the temple of justice but I disagree with the reasoning of my lord becsuse we had thought that by virtue of section 46 of the constitution the question of jurisdiction in fundamental right cases is established “
He explained that Ourmumudondo Movement obtained a judgement against the Inspector General of ( IGP ), FCT Commissioner of Police and officer in charge of Special Anti Robbery Squad ( SARS ) delivered by Justice Folashade Ojo of the FCT high court on 30th November 2017.
He cited the decision of the apex court that an applicant has discretion to determine which court to approach between the Federal high court and FCT high court .
” The truth is that if that judgement is to stand then thousands of cases filed by Nigerians across various high court in Nigeria against the police will be thrown out and you can imagine what will happen . There are states in Nigeria we do not have Federal high court , what becomes the rights of Nigerians in those states “
He argued that by the virtue of section 46 of the 1999 constitution an applicant cannot sue outside the state of infringement.
The group insisted that their action is to reventilate their grievamces against the babaric action of the police adding that it would not give up in search of justice.
” We are still in search of justice and we will pursue this matter to its logical conclusion . That is why we formally come before the federal high court just less than 48hours after the case was struck out by the FCT high court to reinitiate and relitigate for basis for which the police can attack the applicant and we are also seeking the relief from the court ” Effiong stated.