Edo State Governor Faces Legal Action Over Threat Against Peter Obi

A human rights lawyer, Festus Ogun, has written a letter to Governor Monday Okpebholo of Edo state, demanding the retraction of a threat against the 2023 presidential candidate of Labour Party, Peter Obi. The governor had warned Obi not to visit Edo without prior security clearance, alleging that violence followed the LP leader's last visit to the state. The threat has been deemed illegal and unconstitutional by the lawyer, who argues that it violates Section 41 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees the right to freedom of movement.

Key Takeaways:

• The Edo state governor, Monday Okpebholo, has been threatened with a fundamental rights enforcement lawsuit by human rights lawyer, Festus Ogun, over his warning to Labour Party's presidential candidate, Peter Obi, to seek security clearance before visiting Edo state.
• The lawyer argues that the governor's threat is illegal and unconstitutional, violating Section 41 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees the right to freedom of movement.
• A public apology is demanded within a 7-day ultimatum, or the lawyer will institutionalize a lawsuit against the governor in the interest of constitutional democracy and the rule of law.
• A similar case, Faith Okafor v Lagos State Government (2016) LPELR-41066 (CA), made it clear that a Governor lacks the right or power to restrict the freedom of movement of any person without recourse to law.
• The lawyer holds that the governor's remark is against the constitution and pointed out that Mr. Peter Obi's last visit to Edo state led to violence, but this does not justify restricting his right to visit the state again.
• The Labour Party's presidential candidate's visit has been preceded by death, nomination, and cashing a N15 million cheque before the previous visit however this does not mean he has to be restricted from coming to Edo.

Statistics:

• The 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees every citizen of Nigeria to move freely throughout Nigeria and to reside in any part of the country (Section 41).
• A fundamental rights enforcement lawsuit may be filed against the governor if the request is not met within the specified timeframe.
• Faith Okafor v Lagos State Government (2016) LPELR-41066 (CA) ruling referenced to justify the argument against the Governor's power.

Sources:

• Section 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
• Faith Okafor v Lagos State Government (2016) LPELR-41066 (CA)
• Letter dated July 21, 2023, addressed to Governor Okpebholo by Festus Ogun