Activist sues Federal Government for allegedly violating rights of indigenous peoples

A human rights lawyer, Chief Malcolm Omirhobo has sued the Federal government at the federal high court, Abuja seeking for the enforcement of the fundamental rights of 373 indigenous peoples within Nigeria.

Joined as respondent in the suit marked as FHC/ABJ/CS/107/2018 are the president, attorneys general of the federation, National Assembly, Senate president, Speaker of the House of Representatives, Security Chiefs, minister of Defence, governments of the 36 states of the federation, their attorneys general and Houses of Assembly, as well as the Federal Capital Territory (FCT).

The applicant in his originating motion asked the court to declare that the use and the support of the use of the Nigerian Military by the respondents in place of the Police in the enforcement and maintenance of law and order in Nigeria is oppressive and a violation of the fundamental rights to life, dignity of human person, personal liberty, family and private life, freedom of expression, peaceful assembly and association, movement and freedom from discrimination of the indigenous peoples within Nigeria and the Nigerian Public and therefore illegal, unlawful, undemocratic and unconstitutional.

He also seek for a declaration that the Military intervention, aggression and occupation of the South-East, South-South Zones and the Niger Delta Region in suppression of the indigenous peoples and the public agitating for their self-determination at the instance of the 1st and 2nd Respondents and the anticipatory deployment of the Nigerian Military to South-West, North-Central, North-West and North-East Zones of Nigeria to quell likely agitations for self-determination is exploitative, oppressive and a violation of the fundamental rights to life and therefore illegal.

Among other prayers, he urged the court to compel the IGP as the Chief Police Officer of Nigeria to take charge of the enforcement and maintenance of law and order in the country.

The applicant also asked for a perpetual injunction restraining the respondents from further oppressing the people.

The application is supported by a 1068 affidavit deposed to by the applicant, where he averred that he is suing for the enforcement of the fundamental human rights of the over 500 indigenous peoples within Nigeria, which includes the 373 indigenous peoples and 44 pressure groups agitating for self-determination as well as the Nigerian Public.

“That I solemnly swear that the problem of Nigeria is the re-negotiation of its unity by indigenous people through a peoples’ constitution to save it from becoming a failed State.