Sixteen #EndSARS campaigners are seeking a court order to overturn the freezing of their accounts by the Central Bank of Nigeria (CBN).
The CBN had
frozen the accounts of 20 #EndSARS campaigners through an ex-parte order obtained
from Justice Ahmed Mohammed on 20 October.
In a
supporting affidavit, the apex bank alleged that the #EndSARS campaigners may
have received their funding through acts of terrorism and asked the judge to
swiftly freeze the accounts.
Sixteen of
those affected have now asked a Federal High Court in Abuja to cancel the
restriction placed on their accounts.
This was done
via a motion on Thursday through their lawyer, Femi Falana (SAN).
The 16
applicants include Bolatito ‘Rinu’ Oduala, who is a member of the panel set up
by the Lagos State Government to look into police brutality.
Other are
Chima Ibebunjoh, Mary Kpengwa, Saadat Bibi, Bassey Israel, Wisdom Obi, Nicholas
Osazele, Ebere Idibie, Akintomide Yusuf, Uhuo Promise, Mosopefoluwa Odeseye,
Adegoke Pamilerin, Umoh Ekanem, Babatunde Segun, Mary Oshifowora and Idunnu
Williams.
While
contending that the freezing of their bank accounts was an act of illegality,
they stressed that the CBN Governor, Ifeanyi Godwin Emefiele froze the accounts
before approaching the court much later for a freezing order.
They argued
that the court order permitting Emefiele to freeze their accounts for 90 days
was a violation of their right to fair hearing under Section 36 of the 1999
Constitution.
They also
said the orrde violates Article 7 of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act, Laws of the Federation, 2004.
The #EndSARS
campaigners argued that Justice Mohammed’s 90-day freezing order violated Order
26 Rules 5, 10 and 11(1) and (2) of the Federal High Court Civil Procedure
Rules, 2019, which prescribes a maximum of 14 days for the validity of an ex
parte order.
Faulting
their being labelled as terrorist by the CBN governor, the #EndSARS campaigners
said the CBN was neither one of the investigating nor prosecuting agencies
recognised under the Terrorism Prevention Act, 2011 and the Terrorism
Prevention (Amendment) Act, 2013.
Marshal
Abubakar, who deposed to an affidavit filed in support of the suit, said the claimants’
accounts were frozen in October by CBN without any justification as the bank
provided no evidence to back its terrorism claim.
He added that
all the persons whose accounts were frozen had never been arrested for any
crime before.
He said they
were only protesters whose right to protest was recently reiterated by
President Muhammadu Buhari.
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