Mr. Martin Onovo, former presidential candidate of the National Conscience Party (NCP), has said that the freezing of the accounts of some #EndSARS protesters by the Central Bank of Nigeria (CBN) is improper and unlawful.
Onovo, current Head, Policy Positions, Movement for Fundamental Change (MFC), who spoke to AThe NEXT EDITION on Friday, maintained that citizens have a constitutional right to protest peacefully.
He maintained that it was the government that started and had continued with violent attacks on peaceful protesters, a development, which he stressed, got to a crescendo with the shooting of peaceful protesters at the Lekki toll gate by the Army.
The politician stressed that the government having disbanded SARS and accepted the first five demands of the protesters as well as promising to discipline all indicted SARS officials, “It now appears very deceitful that the same government that accepted the first five demands will turn around to torment the protesters.”
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Onovo stressed: “We knew that the government is unrepentant and deceitful. We expected this victimisation.
“On the legality of the actions of the government through the CBN, we must emphasise that the court order was obtained ex-parte. This may amount to a violation of the right of citizens to fair hearing.
“Also, Federal High Court (FHC) Rules require that, ‘No application for an injunction shall be made ex parte except the applicant files with it a motion on notice’
“It also requires the applicant’s affidavit to state sufficient grounds why delay in granting the order sought would entail ‘irreparable damage’. In addition, the applicant must prove ‘Balance of convenience’ in its favour.
“We do not think that the CBN met these legal requirements as we are not aware that the CBN filed a ‘Motion on Notice’. We do not see how the CBN will suffer ‘irreparable damage’. We do not see how the ‘Balance of convenience’ can be in favour of the CBN in this matter.”
Onovo stated that there was an allegation that the CBN proceeded to freeze the accounts even before it obtained the ex-parte order, hence he advised the #EndSARS protesters to quickly apply to the court to vary or discharge the order immediately.
He stressed that the President Muhammadu administration used an ex-parte order in the unlawful harassment of the former Chief Justice of Nigeria (CJN) till he was forced to resign.
Onovo noted that although the government had denied the travel ban on the #EndSARS protesters, “but, we do not believe any claims made by this deceitful government.”
