Charly Boy Refiles Suit Against Police Over
popular musician and entertainer, Charles Oputa also known as Charly Boy on Thursday in Abuja, refiled a suit at federal high court against the Commissioner of Police Federal Capital Territory (FCT) and Inspector General of Police for an assault he faced alongside members of OurMumuDonDo Movement during a peaceful protest on 8th August 2017. The movement had organised a peaceful protest tagged #ResumeorResign following a continued absence of President Muhammadu Buhari from the country who was receiving medical treatment in London for an undisclosed ailment. The anti-riot policemen from FCT command descended on the protesters at the Unity Fountain when they fired tear gas canisters and a high-velocity stream of water to disperse protesters. Charly Boy reportedly collapsed following inhalation of tear gas canisters shot at him. Addressing journalists after refilling the case at the federal high court, counsel to Charles Oputa, Barr. Inibehe Effiong said 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 that 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 because we had thought that by virtue of section 46 of the constitution the question of jurisdiction in fundamental right cases is established," Effiong stated. 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 the 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 the 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. He explained that by the virtue of section 46 of the 1999 constitution an applicant cannot sue outside the state of infringement. The group noted that their action is to reventilate their grievances against the barbaric 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 the basis for which the police can attack the applicant and we are also seeking the relief from the court," Effiong stated.