Isese: Traditional Worshipers Sue Police For Alleged Breach Of Their Fundamental Human Rights

Traditional worshipers have instituted a case against the Nigeria Police Force and two others at a Kwara State High Court, sitting in Ilorin over alleged breach of their fundamental human rights.

They complained that the respondents prevented them from holding the Isese festival scheduled to hold in Ilorin last Sunday.

The traditional worshipers in suit number KWS/172/23 filed before the Court on August 21,2023 alleged that the Police infringed on their fundamental rights by preventing them from holding the Isese festival at Odo-Yemoja or Odo Moro and river Binah in Ilorin, on August 20,2023.

Joined as defendants in the suit are the Nigeria Police Force, the Inspector General of Police (IGP) and the commissioner of Police, Kwara state Command.

The suit was filed by the Incorporated Trustees of International Council of Ifa Religion (ICIR) and 82 others on behalf of the traditional religion worshipers.

The suit titled: “An Application for the Enforcement of Fundamental Rights to the Dignity of Human Person, freedom of Thought, Conscience and Religion, Freedom of Expression, Freedom of Peaceful Assembly and Association, Freedom of Movement and Freedom from Discrimination was filed on their behalf by their Counsel, Chief Malcolm Omirhobo of Malcolm Omirhobo and Co.

The Application was 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 the Federal Republic of Nigeria (As Amended) and the inherent jurisdiction of this Honourable Court.

The applicants in the suit said that they are devotees and adherents of Ifa/Orisa African traditional religion, adding that they commenced the case against the respondents for the enforcement of their fundamental rights to the dignity of their human person, to their freedom of thought, conscience and religion, to their freedom of expression, to their freedom of peaceful assembly and association and to their freedom from discrimination and freedom of movement as enshrined and guaranteed in the Nigerian Constitution.

They alleged that the commissioner of Police, Kwara State who is the 3rd Respondent in the suit described the applicants as idle people, warning, threatening, coercing, bullying, embarrassing, intimidating, harassing, debasing them, ordering them not to celebrate Isese world day on 20/8/2023 at the bank of River Yemoja, River Binan and River Moro or anywhere in Kwara State.

They also alleged that the servants , agents and privies of the Nigeria Police who is the 1st Respondent were directed to enforce the none celebration of Isese by sealing off the venue of the event which is a flagrant violation of the Applicants’ fundamental rights to the dignity of their human person , freedom of thought, conscience and religion, freedom of expression, freedom of peaceful assembly and association , freedom from discrimination and freedom of movement.

They said that the 1st, 2nd and 3rd respondents refused and failed and /or neglect to caution, arrest and prosecute the Muslim clerics and groups threatening to kill, maim and/or destroy the Applicants and all the devotees and adherents of Ifa/Orisa religion if they go on with their planned Isese festival but instead ordering the Applicants and the devotees and adherents of Ifa /Orisa religion not carry on with the celebration of the Isese festival threatening to arrest and prosecute them if they go on and enforcing the none celebration of Isese world day.

The applicants described the action taken by the Police, the IGP and the State Police Commissioner during the Isese festival celebration as illegal, unlawful and unconstitutional.

They, however, prayed the court to determine what is their fundamental human rights and whether they have the right to freedom of expression without interference, the right to hold opinions or views without interference, the right to receive ideas and information without interference, the right to impart ideas and information without interference and the right to practice the religion of their choice in any part of Nigeria as guaranteed in the 1999 Constitution as amended.

The suit is yet to be assigned to a Court and no date has been fixed for hearing.