Lawyer warns Okpebholo of court action, says Obi needs no permission to visit Edo

Festus Ogun, a constitutional lawyer and managing partner at Festus Ogun Legal, has criticised Monday Okpebholo, governor of Edo state, over a “threat” directed at Peter Obi, former presidential candidate of the Labour Party.

In a letter dated July 21 and signed by Ogun, the law firm said the governor acted outside the law by allegedly demanding that Obi must obtain security clearance before visiting Edo state.

The letter referenced a public statement issued by Fred Itua, Okpebholo’s chief press secretary, where Obi was reportedly told he “must not come to Edo without security clearance”.

Itua also said Obi was expected to “notify and seek security clearance from the governor before embarking on any public engagement within the state”.

Ogun described the condition as unconstitutional and a breach of the former governor’s fundamental rights.

“With respect, threatening Mr Peter Obi not to visit Edo state without security clearance from your office is certainly not supported by law,” Ogun said in the letter.

“Section 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.”

He said the position of the law was reinforced in Faith Okafor v Lagos State Government (2016) LPELR-41066 (CA), where the Court of Appeal ruled that governors lack the power to restrict freedom of movement without lawful justification.

The lawyer accused Okpebholo of violating Obi’s constitutionally guaranteed right and demanded a public apology within seven days.

“Considering the foregoing, we hereby respectfully request that you retract the unconstitutional threats and tender a public apology to Mr Peter Obi and the good people of Nigeria,” the letter reads.

“We are confident that this modest request will be met within 7 days of receipt of this letter.”

Ogun warned that failure to comply would result in a fundamental rights enforcement lawsuit against the governor.

“We trust that you are properly advised and would act accordingly,” he added.