An Abuja based Lawyer, Mr Kayode Ajulo is asking the court to declare that the actions, inactions and conducts of the Turai Yar’adua and her cohorts by disallowing the acting president and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and have therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
He is also asking the court to determine WHETHER in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office, it is abundantly evident that his absence has either been orchestrated by Turai and he cohorts or the President is permanently incapacitated or he is no longer alive.
The action has Kayode A. Ajulo as Plaintiff And Hajia Turai Yar’adua, Olusegun Adeniyi, Col. Mustapha Onoedieva, Yusuf Tilde, Chief Of Army Staff Defendants, National Security Adviser, National Association Of Newspaper Proprietors, League Of Editors and Nigerian Union Of Journalist as defendants.
The Lawyer is asking the court declare that the actions, inactions and conducts of the 1st – 6th Defendants in disallowing the 7th – 9th Defendants and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and had therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
2.) AN ORDER OF THIS HONOURABLE COURT directing Turai and her cohorts to allow the acting president and the entire Nigerians to have access to ascertain the existence of President Umaru Yar’Adua.
3.) A DECLARATION that the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly to be on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004).
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
4.) AN ORDER OF THIS HONOURABLE COURT directing the 2nd Defendant to apologize to the Acting President and the entire Nigeria by referring to the constitutionally approved Acting President as Vice President and such to be published in all the Nigerian widely read Newspaper and to international Newspapers.
5.) A DECLARATION that in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office and the subsequent events, his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/159/10
BETWEEN:
KAYODE A. AJULO – PLAINTIFF
AND
1. HAJIA TURAI YAR’ADUA
2. OLUSEGUN ADENIYI
3. COL. MUSTAPHA ONOEDIEVA
4. YUSUF TILDE
5. CHIEF OF ARMY STAFF DEFENDANTS
6. NATIONAL SECURITY ADVISER
7. NATIONAL ASSOCIATION OF NEWSPAPER PROPRIETORS
8. GUILD OF EDITORS
9. NIGERIAN UNION OF JOURNALIST
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]
DATED THIS…….DAY OF MARCH 2010
Oludotun SOWEMIMO, ESQ
Martins B. ADULOJU, ESQ
Adeola S. ADEDIPE, ESQ
G.M. ABAMBA, ESQ
KAYODE AJULO & CO. CASTLE OF LAW
(COUNSEL TO THE PLAINTIFF)
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/………………/10
BETWEEN:
KAYODE A. AJULO – PLAINTIFF
AND
1. HAJIA TURAI YAR’ADUA
2. OLUSEGUN ADENIYI
3. COL. MUSTAPHA ONOEDIEVA
4. YUSUF TILDE
5. CHIEF OF ARMY STAFF DEFENDANTS
6. NATIONAL SECURITY ADVISER
7. NATIONAL ASSOCIATION OF NEWSPAPER PROPRIETORS
8. LEAGUE OF EDITORS
9. NIGERIAN UNION OF JOURNALIST
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 actions, inactions and conducts of the 1st – 6th Defendants by disallowing the 7th – 9th Defendant and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and have therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
2.) WHETHER the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004)…
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation,Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
3.) WHETHER in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office, it is abundantly evident that his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
RELIEFS SOUGHT BY THE PLAINTIFF
1.) A DECLARATION that the actions, inactions and conducts of the 1st – 6th Defendants in disallowing the 7th – 9th Defendants and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and had therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
2.) AN ORDER OF THIS HONOURABLE COURT directing the 1st – 6th Defendants to allow the 7th -9th Defendant and the entire Nigerians to have access to ascertain the existence of President Umaru Yar’Adua.
3.) A DECLARATION that the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly to be on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004).
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
4.) AN ORDER OF THIS HONOURABLE COURT directing the 2nd Defendant to apologize to the Acting President and the entire Nigeria by referring to the constitutionally approved Acting President as Vice President and such to be published in all the Nigerian widely read Newspaper and to international Newspapers.
5.) A DECLARATION that in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office and the subsequent events, his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
6.) 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 Oludotun SOWEMIMO, ESQ, Martins B. ADULOJU, ESQ, Adeola S. ADEDIPE, ESQ, G.M. ABAMBA, ESQ and OTHERS, of KAYODE AJULO & CO. CASTLE OF LAW, Suites FF 10 & 11, 4th 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…….DAY OF MARCH 2010
Oludotun SOWEMIMO, ESQ
Martins B. ADULOJU, ESQ
Adeola S. ADEDIPE, ESQ
G.M. ABAMBA, ESQ
KAYODE AJULO & CO. CASTLE OF LAW
(COUNSEL TO THE PLAINTIFF)
Suites FF 10 & 11, 4th Floor
Metro Plaza, Central Business District
Abuja-NIGERIA
Tel: +234 (0) 803 315 4349
+234 (0) 706 832 8680
Fax: +234 9 524 2218
E-Mail: ajulook@yahoo.com
Web Site: http://www.castleoflaw.com/kayode_ajulo.html
FOR SERVICE ON:
The Defendants.
Office of the President,
Aso Villa,
FCT-Abuja
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/………………/10
BETWEEN:
KAYODE A. AJULO – PLAINTIFF
AND
1. HAJIA TURAI YAR’ADUA
2. OLUSEGUN ADENIYI
3. COL. MUSTAPHA ONOEDIEVA
4. YUSUF TILDE
5. CHIEF OF ARMY STAFF DEFENDANTS
6. NATIONAL SECURITY ADVISER
7. NATIONAL ASSOCIATION OF NEWSPAPER PROPRIETORS
8. LEAGUE OF EDITORS
9. NIGERIAN UNION OF JOURNALIST
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 1st Defendant is a Nigerian citizen and the wife of President Umaru Yar’adua, the President of the Federal Republic of Nigeria.
8. That the 2nd Defendant is the Senior Special Assistant on Media Matters to President Umaru Yar’adua.
9. That the 3rd Defendant is the Aide De Camp (ADC) to President Umaru Yar’adua.
10. The 4th Defendant is the Chief Security Officer to President Umaru Yar’adua.
11. The 5th Defendant is the head of Nigerian Army and he is sued in his official capacity.
12. The 6th Defendant is the National Security Adviser to President Umaru Yar’adua and he is sued in his official capacity.
10. The 7th Defendant is the National Association of Newspapers’ proprietors in Nigeria.
11. The 8th Defendant is an alliance of certified Editors in Nigeria.
13. The 9th Defendant is the conglomerate of journalists and the governing body of journalism profession in Nigeria.
14. That the Plaintiff told me in his chambers at around 3:00pm on the 26th 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 16th 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 19th 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 23rd 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. Several matters that needed to be attended to by the President including the requests of the Plaintiff were left unattended to due to the initial non activation of provision of Section 145 of the Constitution.
viii. 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.
ix. That several contradicting rumours and chitchats have been said about the existence or non existence of the President.
x. Though contradicted by the 1st – 6th Defendants on several occasions, a well-known News medium in United State of America, American Chronicles reported that President Umaru Yar’Adua has died on the 10th of December 2009 at 3.30pm at an Intensive Care Unit at the King Faisal Specialist Hospital and Research Centre in Jeddah Saudi-Arabia.
xi. Up till now, only the 1st – 6th Defendants know the existence or non-existence and the whereabout of the President and the whole country has been kept shut from contacting the President.
xii. That on Tuesday 12th 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.
xiii. 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.
xiv. 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 13th and 14th of January 2010.
xv. Consequent upon the events in xii-xiv above, the National Assembly on the 9th of February, 2010, legislated that the declaration made by the President has constituted the activation of Section 145 of the 1999 Constitution of the Federal Republic of Nigeria and thereafter resolved and pronounced the Vice President, Dr Goodluck Ebele Jonathan as the Acting President and to act as so until the return and written declaration of President Umaru Yar’Adua.
xvi. The National Assembly thereafter mandated the President to forward a formal written declaration to the House about the state of his health and his vacation from the office but the message has neither gotten across to the President nor has the President responded thereto, and this was not unconnected to the actions and/or inactions of the 1st – 6th Defendants.
xvii. Those sometimes in February 2010 the Council of State formed a team to visit and confirm the state of health of the President at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were disallowed by the 1st – 6th defendant to have access to him.
xviii. That on 12th or sometimes in February 2010, the House of Representatives formed a team of delegation to visit and confirm the state of health of the President at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were disallowed by the 1st – 6th defendant to have access to him.
xix. That on the 17th February 2010, the Executive Council of the Federation set up a committee to visit and confirm the President’s state of health at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were not allowed by the 1st – 6th defendant to have access to him.
xx. That the members of the 7th-9th Defendants, in several times, had been denied access to the President, by the 1st – 6th Defendants and to communicate to Nigerians the existence or non-existence of the President.
xxi. That on the Wednesday, 24th of November, 2010 the 1st – 6th Defendants conducted their selves in such a manner that President Umaru Yar’Adua who left the country on the 23rd day of November 2009, was returned to Nigeria unannounced at about 1:45 am and 2:57 am in an air ambulance accompanied by another plane bearing his large entourage.
xxii. That since the insinuations of the return of the President, nobody has been able to have access to ascertain his existence.
xxiii. That shortly afterwards, the 2nd defendant made a public statement issued on the Wednesday 24th of February, 2010, purportedly to be on behalf of the “missing” President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004).
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
xxiv. That since this public statement, neither the existence not the state of health of the President has yet been ascertained.
15. 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.
16. The Certified True Copy of the Punch Newspaper containing the facts averred in paragraph 14(xvi) is hereby attached and marked as Exhibit KA2.
17. The Certified True Copy of the Punch Newspaper containing the facts averred in paragraph 14(xix) is hereby attached and marked as Exhibit KA3.
18. The Certified True Copy of the Punch Newspaper containing the facts averred in paragraph 14(xxii) is hereby attached and marked as Exhibit KA4.
19. That from the declaration of the President, the President acknowledged his ill-health, his inability to discharge his duties as the President.
20. That from the declaration the President undertook to resume his presidential duties upon his discharge by his doctors.
21. That upon been discharged from the hospital, the 1st-6th defendants have kept him shut from Nigerians.
22. That from the declaration made by the 2nd defendant, it is obvious that he has personal contact with the president and therefore knows his whereabout.
23. 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.
24. That it is essential in the greater interest of justice to grant the reliefs sought in the Summons.
25. That I believe that the Defendants will not be prejudiced by the grant of this application.
26. 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 DAY OF MARCH 2010
BEFORE ME
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/………………/10
BETWEEN:
KAYODE A. AJULO – PLAINTIFF
AND
1. HAJIA TURAI YAR’ADUA
2. OLUSEGUN ADENIYI
3. COL. MUSTAPHA ONOEDIEVA
4. YUSUF TILDE
5. CHIEF OF ARMY STAFF DEFENDANTS
6. NATIONAL SECURITY ADVISER
7. NATIONAL ASSOCIATION OF NEWSPAPER PROPRIETORS
8. LEAGUE OF EDITORS
9. NIGERIAN UNION OF JOURNALIST
PLAINTIFF WRITTEN ADDRESS IN SUPPORT OF ORIGINATING SUMMONS
1. INTRODUCTION
1.1 My Worthy Lord
1.2 This is a written address in support of the Plaintiff’s Originating Summons in this suit.
1.3 The Plaintiff, a Legal Practitioner, father and tax-paying Nigeria Citizen filed an Originating Summons which is brought pursuant to Order 3 Rule 1, 6, 9 and Order 26 of the Federal High Court Civil Procedure Rules 2009 before this Honourable Court.
1.4 In this suit, the plaintiff prays for the following reliefs:
1.) A DECLARATION that the actions, inactions and conducts of the 1st – 6th Defendants in disallowing the 7th -9th Defendants and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and had therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
2.) AN ORDER OF THIS HONOURABLE COURT directing the 1st – 6th Defendants to allow the 7th – 9th Defendant and the entire Nigerians to have access to ascertain the existence of President Umaru Yar’Adua.
3.) A DECLARATION that the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly to be on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004).
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
4.) AN ORDER OF THIS HONOURABLE COURT directing the 2nd Defendant to apologize to the Acting President and the entire Nigeria by referring to the constitutionally approved Acting President as Vice President and such to be published in all the Nigerian widely read Newspaper and to international Newspapers.
5.) A DECLARATION that in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office and the subsequent events, his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
6.) 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.
1.5 This application is supported by a 26 paragraph affidavit duly deposed to by one Martins B. Aduloju Esq. of Counsel of the Plaintiff and we rely on all the paragraphs of the Affidavit.
1.6 My worthy Lord, in the supporting affidavit it is averred the directive to close some public schools in Abuja for two weeks to host a three days Abuja Carnival adversely affected one of the Plaintiff’s ward as well as the Plaintiff being the guardian and sponsor of the said ward in the school.
1.7 FURTHER, the Plaintiff, a lawyer and Civil rights activist availed the deponent of the fact that he wrote a letter of complaint to the President of the Federal Republic of Nigeria, urging him to review the directive and despite the wide report of the letter in the Nigerian Media and delivery of same on 19th 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 23rd November 2009.
1.8 The deponent also averred that since no initial declaration was transmitted to the leadership of the National Assembly the Vice President, Dr Goodluck Jonathan was not until the 9th day of February 2009 been constitutionally empowered to discharge the duties of the President in an Acting capacity and therefore to respond to/treating the request of the plaintiff in the said letter of his.
1.9 While this was going on, The President, Umaru Musa Yar’Adua, made an uncontradicted public statement which was broadcasted and published through electronics and print media such as the British Broadcasting Corporation and other Newspapers published nationwide in Nigeria and to the whole world on Tuesday, 12th January, 2009.
1.10 Consequent upon the broadcast, the National Assembly on the 9th of February, 2010, legislated that the declaration made by the President has constituted the activation of Section 145 of the 1999 Constitution of the Federal Republic of Nigeria and thereafter resolved and pronounced the Vice President, Dr Goodluck Ebele Jonathan as the Acting President and to act as so until the return and written declaration of President Umaru Yar’Adua.
1.11 The National Assembly thereafter mandated the President to forward a formal written declaration to the House about the state of his health and his vacation from the office but the message has neither yet not been gotten across to the President nor the President responded thereto, due to the actions and/or inactions of the 1st – 6th Defendants.
1.12 That sometimes in February 2010 the Council of State formed a team to visit and confirm the state of health of the President at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were disallowed by the 1st – 6th defendant to have access to him.
1.13 That on 12th or sometimes in February 2010, the House of Representatives formed a team of delegation to visit and confirm the state of health of the President at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were disallowed by the 1st – 6th defendant to have access to him.
1.14 That on the 17th February 2010, the Executive Council of the Federation set up a committee to visit and confirm the President’s state of health at the King Faisal Specialist Hospital and Research Center in Jeddah Saudi-Arabia but were not allowed by the 1st – 6th defendant to have access to him.
1.15 That the members of the 7th-9th Defendants, in several times, had been denied access to the President, by the 1st – 6th Defendants and to communicate to Nigerians the existence or non-existence of the President.
1.16 That on the Wednesday, 24th of November, 2010 the 1st – 6th Defendants conducted their selves in such a manner that President Umaru Yar’Adua who left the country on the 23rd day of November 2009, was returned to Nigeria unannounced at about 1:45 am and 2:57 am in an air ambulance accompanied by another plane bearing his large entourage.
1.17 That since the insinuations of the return of the President, nobody has been able to have access to ascertain his existence.
1.18 That shortly afterwards, the 2nd defendant made a public statement issued on the Wednesday 24th of February, 2010, purportedly to be on behalf of the “missing” President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004).
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
1.19 That since this public statement, neither the existence nor the state of health of the President has yet been ascertained.
1.20 The Plaintiff therefore urges to this honourable court to grant the reliefs as per the originating summons.
2. ISSUES FOR DETERMINATION
Respectfully your Lordship
2.1 The Plaintiff has humbly and carefully formulated 3 (three) issues for determination by this Honourable Court, to wit:
1.) WHETHER the actions, inactions and conducts of the 1st – 6th Defendants by disallowing the 6th Defendant and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and have therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
2.) WHETHER the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004)…
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
3.) WHETHER in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office, it is abundantly evident that his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
3. ARGUMENT ON THE ISSUES:
A. Whether the actions, inactions and conducts of the 1st – 6th Defendants by disallowing the 7th-9th Defendants and the entire Nigerians to have access to President Umaru Yar’Adua are unconstitutional and have therefore contravened the provision of Section 22 of the 1999 Constitution of the Federal Republic of Nigeria.
3.1. In the affidavit, the Plaintiff averred that the 7th – 9th Defendants had made several attempts to get access to know the existence or non-existence of President Umaru Yar’adua but had been disallowed by the 1st-6th defendants.
3.2. It is also obvious from the Plaintiff’s averments that several authorities in Nigeria had made attempts to have access to know the existence or non-existence of President Umaru Yar’adua but had been disallowed by the 1st-6th defendants.
We rely on all the documents pleaded
3.3. My Lord Section 22 of the 1999 Constitution read;
The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.
3.4. It is obvious therefore that the actions and conducts of the 1st – 6th defendants by disallowing the 7th-9th defendants to carry out the constitutional duties vested upon them to properly relay information to Nigerians is a gross violation of the Constitution.
3.5. My Lord, we urge the court to order the 1st-6th defendants to declare the actions and conducts of the 1st – 6th defendants as unconstitutional and thereby Order that the 1st and 6th defendants should allow the 7th-9th defendants, among other Nigerians to have access to know the existence and the state of health of the President of the Federal Republic of Nigeria.
B. WHETHER the effect of the public statement issued by the 2nd Defendant on the Wednesday 24th of February, 2010, purportedly on behalf of President Umaru Musa Yar’Adua, to wit;
“After being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia, President Umaru Musa Yar’Adua returned to the Presidential Villa, Abuja early this morning (Wednesday 24th February 2004)…
(Yar’Adua) is grateful to the Vice President, Goodluck Jonathan, for competently overseeing the affairs of state in his absence…
However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.”
broadcast and published through the electronics and the prints media such as the Thisday Newspaper, Punch Newspaper, Guardian Newspaper, The Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next and other newspapers that circulate nationally and internationally, did contravene Section 1 of the 1999 Constitution of the Federal Republic of Nigeria.
3.6 My Lord, the Plaintiff averred that after much silence on the Existence of President Yar’adua, the 2nd defendant made the above public statement issued on the Wednesday 24th of February, 2010, purportedly to be on behalf of the “missing” President Umaru Musa Yar’Adua.
3.7 Section 1(2) of the 1999 Constitution of the Federal Republic of Nigeria read;
The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
3.8 Submit that it is obvious from the statement of the 2nd defendant that he has not recognised Dr. Goodluck Ebele Jonathan as the Acting President of the Federal Republic of Nigeria but only as the Vice President.
3.9 Submit that this singular act of the 2nd defendant has contravened the provision of Section 1(2) of the 1999 Constitution of the Federal Republic of Nigeria and that the 2nd defendant has conduct himself in a manner to show that he has the control of the affairs of the country as opposed to the tenets of our constitution.
3.10 The National Assembly is an institution established under the 1999 Constitution of the Federal Republic of Nigerian and the institution vested with the Legislative powers of the Federal government.
3.11 It is a notorious fact that the National Assembly had declared Vice President Goodluck Jonathan as the Acting President of the Federal Republic of Nigeria.
3.11 My Lord, submit that is it constitutional that the declaration of the President Goodluck Jonathan as the Acting President was done in accordance with the provisions of the constitution and the powers vested on the National Assembly.
3.12 Submit that any contrary pronouncement to the acts of the National Assembly without any judicial verdict is unconstitutional and thereby questions the Legislative powers of the National Assembly.
3.13 Submit that the pronouncement of the 2nd defendant was unconstitutional.
3.14 We urge the court to hold as prayed in the Summons
C. WHETHER in the circumstance of the situations surrounding the absence of President Umaru Yar’Adua from the office, it is abundantly evident that his absence has either been orchestrated by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
4.0 My Lord, the plaintiff has averred that there had been several attempts to have access to the President and understand his state of health but has been disallowed by the 1st – 6th defendants.
4.1 The Constitution established the office of the President in Sections 130(1) and (2) of the 1999 Constitution thus;
(1)There shall be for the Federation a President.
(2) The President shall be the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation.
4.2 The above Constitution shows that the Presidency is the creation of the constitution and that the office is established not for anybody else but for 150 million (or more) Nigerians and it follows that the person occupying the office is public figure personifying and accountable (in both private and official capacity) to Nigerians.
4.3 We rely on all the documents pleaded before this court.
4.4 We urge your lordship to take judicial notice of the recent development in America as it concerns the health condition of the President of America, Barrack Obama.
4.6 Submit that America state practices presidential system of government and thus their constitution shares almost the same spirit and tenets with the Nigerian Constitution.
4.5 It is a known fact that the diagnosis, the health status and the medical advice thereto given by the Medical team of President Barrack Obama was recently made known to the whole world.
4.6 Submit that office and person of the President shall not be personalised as it concerns his existence and/or health status.
4.7 We therefore submit that the fact that President Umaru Yar’adua had not been able to perform his duties for more than 90 days now and all evidence showed that his existence has remained vague as it is only the 1st-6th defendants that had been claiming access to him, thereby the President’s absence has either been schemed by the 1st – 6th defendants or the President is permanently incapacitated or he is no longer alive.
4.8 And so urge your lordship to hold as prayed.
5.0 CONCLUSION
5.1 We urge this Honourable court to grant the reliefs sought as prayed.
Much obliged your worthy and noble Lordship.
DATED THIS ….. DAY OF MARCH 2010
Oludotun SOWEMIMO, ESQ
Martins B. ADULOJU, ESQ
Adeola S. ADEDIPE, ESQ
G.M. ABAMBA, ESQ
KAYODE AJULO & CO. CASTLE OF LAW
(COUNSEL TO THE PLAINTIFF)
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Abuja-NIGERIA
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FOR SERVICE ON:
The Defendants.
Office of the President,
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