The Incorporated trustees of International Council for Ifa religion (traditional worshippers) and 83 others have asked a Kwara State High Court sitting in Ilorin to restrain the Nigerian Police from violating their fundamental rights of conscience and religion.
The group also wants the court to uphold the enforcement of their fundamental rights to the dignity of human person.
The suit, marked KWS/172/23, was filed by the applicants’ counsel, Chief Malcom Omirhobo against the Nigerian Police, the Inspector General of Police (IGP) and the Commissioner of Police, Kwara State, as respondents.
The 83 applicants, who are devotees and adherents of Ifa/Orisa African traditional religion alleged that the respondents have no constitutional powers or authority to order them not to celebrate the world Isese day in Ilorin Kwara State on August 20, 2023 or subsequently in Ilorin, Kwara State.
Their originating motion is brought pursuant to Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 as preserved by Sections, 34(1)(a), 38(1), 39(1) 40(1),41(1) ,42()(2), 45 and 46 of the 1999 Constitution of Nigeria (as amended) and the inherent jurisdiction of the court.
They want the court to determine whether the 3rd respondent’s description of the applicants as idle people, warning, threatening, coercing, bullying, embarrassing, intimidating, harassing, debasing and ordering them not to celebrate Isese world day on August 20, 2023 at the bank of River Yemoja, River Binan and River Moroo or anywhere in Kwara State and by sealing off the venue of the event is a flagrant violation of their fundamental rights to the dignity of their human person, their freedom of thought, conscience and religion, freedom of expression, peaceful assembly and association, freedom from discrimination and movement, and therefore illegal, unlawful and unconstitutional.
They are therefore, praying the court for an order, restraining the respondents, their servants, agents and/or privies from further violating the fundamental rights of the applicants.
“A perpetual injunction restraining the respondents, their servants, agents and/or privies from embarrassing, coercing, bullying, harassing, intimidating, dehumanising, debasing and frustrating the applicants from enjoying their fundamental rights to their freedom of thought, conscience and religion, freedom of expression, freedom of peaceful assembly and association and freedom of movement with other Isese worshippers in Ilorin, Kwara State in private and in public.
“An apology to the applicants by the respondents for the violation of their fundamental rights the particulars of which are contained in the applicants’ affidavit and statement in support of their originating motion,” they prayed.
The suit is supported by a 63-paragraph affidavit deposed to, by Oladipupo Olanrewaju, a lawyer and Isese devotee.
He swore that Nigeria is a multi-religious and multi-cultural society.
He added that the cardinal principle of Isese is to promote and propagate peace, love, tranquility and prosperity, stressing that the celebration of Isese day does not infringe on the rights of other faiths and beliefs in Nigeria.
“Isese festival is an activity of the African traditional religion that does not interfere or infringe on the rights of other Nigerian citizens.
“That the Isese festival is not a security threat to Ilorin and it is not against the interest of defence, public safety and public order,” Olanrewaju swore.
Maintaining that the respondents, their privies, agents and servants have no constitutional power to stop them from celebrating Isese, the deponent averred that unless the reliefs sought are granted, the respondents will continue to violate their fundamental rights.
