Abuja lawyer sues Mark and Bankole to recognise VP as acting president

Abuja lawyer sues Mark and Bankole to recognise VP as acting president - Full text

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IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/................../09

BETWEEN:

KAYODE AJULO - PLAINTIFF

AND

1. PRESIDENT OF THE SENATE
2. SPEAKER OF THE HOUSE OF THE REPRESENTATIVES - DEFENDANTS
3. ATTORNEY GENERAL OF THE FEDERATION

ORIGINATING SUMMONS

[Brought pursuant to Order 3 Rule 1, 6, 9 and Order 26 of the Federal High Court (Civil Procedure) Rules 2009 and the inherent Jurisdiction of the Honourable Court]

LET THE DEFENDANTS within eight days after service of this Summons on them inclusive of the day of such service cause an appearance to be entered for them to this Summons which is issued on the application of the Plaintiff for the determination of the following questions:

QUESTIONS FOR DETERMINATION

1.) WHETHER the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

“At the moment, I am undergoing treatment, and I’m getting better from the treatment. I hope that very soon there will be tremendous progress, which will allow me to get back home...As soon as my doctors discharge me, I will return to Nigeria to resume my duties...I wish, at this stage, to thank all Nigerians for their prayers for my good health, and for their prayers for the nation,”

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, the transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, does not amount to President Yar’Adua’s exercise of his powers under section 145 of the 1999 constitution informing the 1^st & 2^nd Defendants together with all Nigerians that elected him that he is sick and temporarily unable to discharge the functions of his office until otherwise advised to so do by his doctors?

2.) WHETHER the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, the written transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, does not constitute the requisite constitutional written declaration to the appropriate authorities under Section 145 of the 1999 Constitution in the circumstances of the President’s situation to enable Vice- President to begin the performance of presidential functions as Acting President?

3.) WHETHER the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and international, the transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, the President Umaru Yar’Adua has not activated the provisions of section 145 of the 1999 constitution to allow the Vice-President begin to discharge the functions of office of the President of the Federal Republic of Nigeria in his own right as Acting President pending when President Yar’Adua will be fit to resume his office on the instruction of his doctors as transmitted?

4.) WHETHER the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, the transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, the Vice-President cannot become the Acting President and begin to discharge the functions of the office of the President and Commander-in-Chief of the Armed Forces of the Federation pending and until the President transmits another written declaration to the contrary?

RELIEFS SOUGHT BY THE PLAINTIFF

1.) A DECLARATION that by the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and international, the transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, President Yar’Adua has duly informed the 1^st & 2^nd Defendants that he is unable to perform the functions of his office in accordance with the provisions of section 145 of the 1999 constitution owing to his ill-health.

2.) A DECLARATION that by the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

“At the moment, I am undergoing treatment, and I’m getting better from the treatment. I hope that very soon there will be tremendous progress, which will allow me to get back home...As soon as my doctors discharge me, I will return to Nigeria to resume my duties....I wish, at this stage, to thank all Nigerians for their prayers for my good health, and for their prayers for the nation,”

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, the written transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, President Yar’Adua has activated the provisions of section 145 of the 1999 constitution to allow Vice-President to begin, without any further delay, the performance of the duties of the President of the Republic of Nigeria in his own right as Acting President.

3.) A DECLARATION that by the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and international, the written transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, the President Umaru Yar’Adua has duly activated the provisions of section 145 of the 1999 constitution to allow the Vice-President begin to discharge the functions of office of the President of the Federal Republic of Nigeria in his own right as the Acting President pending when President Yar’Adua will be fit to resume his office on the instruction of his doctors as transmitted.

4.) A DECLARATION that by the combined effect of the authorized and un-contradicted public declaration made by President Umaru Musa Yar’Adua, on January 12, 2009, to wit;

broadcast and published through the electronics and the prints media such as the British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, the written transcript of which authorized public declaration was received and read by the 1^st & 2^nd Defendants at the two chambers of the National Assembly, the Vice-President has become the Acting President and can, forthwith, discharge the functions of the office of the President and Commander-in-Chief of the Armed Forces of the Federation pending and until the President transmits another written declaration to the contrary.

5.) AN ORDER OF THIS HONOURABLE COURT directing the 1^st & 2^nd Defendants to recognise the Vice-President as the Acting President and Commander-in-Chief of the Armed Forces of Nigeria.

6.) AN ORDER OF THIS HONOURABLE COURT directing the 1^st & 2^nd Defendants to accord the Vice President all the rights, privileges, respects and protocols accorded the person and the occupant of the office of the Acting President of the Federal Republic of Nigeria.

7.) AND for such other orders as the Honourable Court may deem fit to make in furtherance of the above prayers and in the urgent circumstances of this case.

THIS SUMMONS was taken out by Zakir BABAH, ESQ, Oludotun SOWEMIMO, ESQ, Martins B. ADULOJU, ESQ, Adeola S. ADEDIPE, ESQ, G.M. ABAMBA, ESQ, Eseoghene EDOR, ESQ & Olorunlero OLUWATOSIN, ESQ of KAYODE AJULO & CO. CASTLE OF LAW, Suites FF 10 & 11, 4^th Floor, Metro Plaza, Central Business District, Abuja-NIGERIA on behalf of the above named –plaintiff.

Note:

1. The Defendants may appear hereto by entering appearance
personally or by a Legal Practitioner either by handing in the appropriate form duly completed at the Federal High Court Registry or by sending them to that office by post.

2. If the Defendants do not enter appearance within the time
and at the place above mentioned such orders will be made
and proceedings may be taken, as the judge may think just and expedient.

.........................……….
HON. JUDGE

DATED THIS 15^THDAY OF JANUARY 2010

Zakir BABAH, ESQ

Oludotun SOWEMIMO, ESQ

Martins B. ADULOJU, ESQ

Adeola S. ADEDIPE, ESQ

G.M. ABAMBA, ESQ

Eseoghene, EDOR, ESQ

Olorunlero OLUWATOSIN, ESQ

KAYODE AJULO & CO. CASTLE OF LAW

(COUNSEL TO THE PLAINTIFF)

Suites FF 10 & 11, 4^th Floor

Metro Plaza, Central Business District

Abuja-NIGERIA

Tel: +234 (0) 803 315 4349

+234 (0) 803 596 3634

Fax: +234 9 524 2218

E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Web Site: http://www.castleoflaw.com/kayode_ajulo.html

FOR SERVICE ON:

1. The President of the Senate

C/o Office of the President of the Senate

National Assembly Complex

Three Arms Zone,

Abuja-Nigeria.

2. The Speaker of the House of Representatives

C/o Office of the Speaker of the House of Representatives

National Assembly Complex

Three Arms Zone,

Abuja-Nigeria.

3. The Attorney General of the Federation

C/o Federal Ministry of Justice Secretariat,

Maitama-Abuja.

IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/................../09

BETWEEN:

KAYODE AJULO - PLAINTIFF

AND

1. PRESIDENT OF THE SENATE
2. SPEAKER OF THE HOUSE OF THE REPRESENTATIVES - DEFENDANTS
3. ATTORNEY GENERAL OF THE FEDERATION

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I, MARTINS B. ADULOJU, male, Christian, Nigerian and a Legal practitioner of Suite FF10 & 11, Metro plaza, Abuja doth hereby make oaths and states as follows:

1. That I am a legal practitioner in KAYODE AJULO & CO. CASTLE OF LAW, Suite FF10 & 11, Metro Plaza, FCT Abuja, Counsel to the Plaintiff.

2. That I have the authority of my employer as well as that of the Plaintiff to depose to this Affidavit.

3. That by virtue of being a Nigerian citizen, my profession and employment I am conversant with the facts of this matter.

4. That I know as a fact that the Plaintiff, who is my Principal, is a Barrister and Solicitor of the Supreme Court of Nigeria.

5. That the Plaintiff is a member of the Nigerian Bar Association, Founder and an Executive Director of the Egalitarian Mission Africa, a Non-Profit making Organization established purposely to maintain and promote rule of law, good governance and the belief that all people are, in principle, equal and should enjoy equal social, political, and economic rights and opportunities.

6. That the Plaintiff is a tax paying Nigerian, father, guardian and sponsor of many children and wards in private and public schools in Abuja, Nigeria.

7. That the 1^st Defendant is the President and the presiding officer of the Senate of the Federal Republic Chief Law Officer of Federal Republic of Nigeria.

8. That the 2^nd Defendant is the Speaker and the presiding officer of the House of Representatives of the Federal Republic of Nigeria.

9. The 3^rd Defendant is the Minister as well as the legal representatives of the Government of the Federal Republic of Nigeria and is sued as nominal party in that capacity.

10. That the Plaintiff told me in his chambers at around 3:00pm on the 14^th day of January 2010 and I verily believed him to be true that;

i. Sometimes in November 2009, the administrators of public schools under the supervision of the Minister of the Federal Capital Territory, Abuja declared a two week public holiday to the students’ public schools in the Abuja Metropolis for the hosting/celebration of the yearly Abuja Carnival.

ii. The Plaintiff understood this act of the administrators of public schools under the supervision of the Minister of Federal Capital Territory as an infringement on the rights of one of his wards as guaranteed by the Constitution and other enabling Nigerian and International laws as his ward, a student in one of the public schools in Abuja and himself were affected by the closing of the public schools’ directives.

iii. The Plaintiff therefore on 16^th November 2009 wrote a letter titled “TWO WEEKS UNWARRANTED CLOSE DOWN OF PUBLIC SCHOOLS IN ABUJA, FCT FOR “2009 ABUJA CARNIVAL”: A CALL FOR THE REVIEW OF UNJUSTIFIABLE CLOSE DOWN AND RESIGNATION OF THE FCT MINISTER & ALL OTHER OFFICIALS INVOLVED. to the President to urge the President to review the closure of the Schools as well as sanction the officials involved.

iv. The Plaintiff inter alia in the letter requested the President to wit;

“I therefore, deem it fit to call your attention to this insensitivity on the part of organizers and the Honourable Minister of FCT and therefore urge you to review this anti-education decision as well as relieve Senator Adamu Aliero of the post of Minister of FCT with other officials that are wittingly or unwittingly involved in this unprogressive decision.”

v. Despite the wide report of the letter in the Nigerian Media and delivery of same on 19^th November 2009 to the office of the President of Nigeria, and unlike the usual practice of correspondences with the Presidency, no response whatsoever was received as the President was reported to be unavailable due to ill health and has been flown out of the Country to King Faisal Specialist Hospital at Jeddah, Saudi Arabia on 23^rd November 2009.

vi. Ever since, no response has been given on the requests in the Plaintiff’s letter due to the absence of the President in Nigeria and its attendant constitutional crisis and controversy because the President did not initially transmit any written declaration to the Senate President and the Speaker of the House of Representatives as required by the 1999 Constitution of the Federal Republic of Nigeria.

vii. Since no initial declaration was transmitted to the leadership of the National Assembly, the Vice President, Dr. Goodluck Jonathan has not been constitutionally empowered to discharge the duties of the President in an Acting capacity.

viii. The Vice President, Dr Goodluck Jonathan has since not been discharging the function of the office of the President including responding to/treating the requests of the plaintiff in the above mentioned letter.

ix. Several matters that needed to be attended to by the President including the requests of the Plaintiff have been left unattended to due to the initial non activation of provision of Section 145 of the Constitution.

x. The Plaintiff has been in the fore front of the necessary and lawful agitation for the President to properly activate the provision of Section 145 of the 1999 Constitution due to his absence from the country and duties on health ground pending and until his return.

xi. On Tuesday 12^th of January 2010, President Umaru Musa Yar’Adua ultimately made a pronouncement on his health situation to the whole world including the Plaintiff and the President of the Senate and Speaker of the House of Representatives.

xii. The declaration of the President was circulated via broadcast and publication in several electronics and prints media that include; British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next etc and particularly The Punch Newspaper of Wednesday, January 13, 2010 Vol. 17 No. 20, 562 at page 2 thus;

“At the moment I am undergoing treatment, and I’m getting better from the treatment. I hope that very soon there will be tremendous progress, which will allow me to get back home...As soon as my doctors discharge me, I will return to Nigeria to resume my duties...I wish, at this stage, to thank all Nigerians for their prayers for my good health, and for their prayers for the nation.

xiii. The President’s aforementioned authorized declaration as broadcast and published through the aforesaid media was transcribed of which was presented and debated with a copy of the transcript by the distinguished and honourable members of both Chambers of the National Assembly on the 13^thand 14^th of January 2010.

xiv. At the time of the presentation of the transcript the 1^st and 2^nd Defendants were in attendant and presided both Chambers respectively.

11. The copy of the Plaintiff’s letter referred to in paragraph 4(vi) of this Affidavit has been shown to me and is hereby attached and marked as Exhibit KA1

12. That the public declaration of the President has not been contradicted and has been reduced to a transcript to the notice of the Defendants.

13. That from the declaration of the President, the President acknowledged his ill-health, his inability to discharge his duties as the President.

14. That from the declaration the President undertook to resume his presidential duties upon his discharge by his doctors.

15. I know as a fact that up till now the Vice President is still acting for the President and not as an Acting President.

16. That I know as a fact that several authorised and far reaching decisions, directives, statements, declarations, approvals, appointments, invitations, statements as well as pronouncements of the President and/or the presidency have been made via broadcasts/publications in the electronics and prints media in Nigeria.

17. That it is necessary to declare the above authorised public declaration of the President as broadcast and published as proper activation of Section 145 of the 1999 Constitution as failure of which will negatively impact on the Plaintiff’s requests in his letter to the President as well as on the good governance, welfare of all persons in Nigeria.

18. That unless the reliefs sought are granted, the principle of Freedom, Equality and Justice and the purpose of consolidating the Unity of Nigeria will be jeopardised.

19. That it is essential in the greater interest of justice to grant the reliefs sought in the Summons.

20. That I believe that the Defendants will not be prejudiced by the grant of this application.

21. That I depose to this affidavit in good faith conscientiously believing the content to be true and correct and in accordance with the Oaths Act currently in force.

...........................................

DEPONENT

SWORN TO AT REGISTRY

OF FEDERAL HIGH COURT,

ABUJA.

DATED THIS 15^TH DAY OF JANUARY 2010

BEFORE ME

COMMISSIONER FOR OATHS