The Federal High Court, II, Abuja, will tomorrow, 20th April, 2010, hear suit no. FHC/ABJ/CS/109/201 filed by an Aba-based non-governmental organization, the Human Rights, Justice and Peace Foundation (HRJPF) and its President, Comrade Chidi Nwosu, against the Attorney-General of the Federation, National Assembly, President of the Senate and the Speaker of the House of Representative
over the resolution empowering Vice President Goodluck Jonathan as Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
The suit, which was filed by J. S. Okutepa, counsel to the HRJPF and its President, seeks the determination of the following questions:
(i) Whether upon a proper and calm view and interpretation of the provisions of the Constitution of the Federal Republic of Nigeria, particularly Section 145 thereof read together with Section 1(2) of the same Constitution, the resolution of the two Houses of the National Assembly of the Federal Republic of Nigeria, presided over by 3rd and 4th defendants, wherein the two chambers asked the Vice President of the Federal Republic of Nigeria to begin to act as Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, was legal and constitutional.
(ii) If the answer to the above question is in the negative, whether the said resolutions are null, void and of no constitutional and legal utility/efficacy.
Accordingly, the HRJPF and its President seeks the following reliefs:
(i) A declaration that by virtue of Section 145 of the 1999 Constitution, the condition precedent for the Vice President of the Federal Republic of Nigeria to become an Acting President is a written declaration by the President of the Federal Republic of Nigeria duly addressed to the President of the Senate and the Speaker of the House of Representatives and that there is no provision in the 1999 Constitution conferring powers and jurisdiction on the National Assembly to make the Vice President an Acting President by resolution.
(ii) A declaration that the resolution by the Senate and the House of Representatives of the Federal Republic of Nigeria over the 3rd and 4th defendants, making and or asking the Vice President of the Federal Republic of Nigeria to start acting as the Acting President of the Federal Republic of Nigeria, is not only ultra vires the powers and jurisdiction of the 2nd defendant, but also the said resolution is a gross subversion and violation of the 1999 Constitution.
(iii) A declaration that the best way the Vice President can be fully and constitutionally vested with the power of the President is for the 2, 3rd and 4th defendants to invoke Section 143 of the 1999 Constitution and impeach the President and that the refusal of the 2nd, 3rd and 4th defendants to resort to Section 143 to settle the constitutional logjam created by the failure of the President of the Federal Republic of Nigeria and that upon the production of the resolution a further order that the said resolution stand quashed forthwith without any further ado and assurances.
(iv) A declaration that the best way the Vice President can be fully and constitutionally vested with the power of the President is for the 2nd, 3rd and 4th defendants to invoke Section 143 of the 1999 Constitution and impeach the President and that the refusal of the 2nd, 3rd and 4th defendants to resort to Section 143 to settle the constitutional logjam created by the failure of the President to transmit a written declaration pursuant to Section 145 of the 1999 Constitution, is a gross act of constitutional irresponsibility, and subversion of the 1999 Constitution.
(v) Any other legal or equitable remedy that may meet the justice of this case.
It should be recalled that the HRJPF had, shortly after the emergence of the Vice President as Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, in press release entitled ‘Jonathan: National Assembly’s Resolution illegal’, condemned the action of the apex lawmakers and threatened to head to a court of law to ventilate its grievance.
It is the studied opinion of the HRJPF that if the resolution of the apex Nigeria’s parliament is upheld it would set an ugly precedent because a State House of Assembly can wake up one morning and declare by a mere resolution that the Governor has been sacked.
As the HRJPF prepares to roll the drum and pop the champagne for its victory against enemies of the Rule of Law, an essential ingredient of democracy upon which the Constitution of every civilized democracy is founded; it calls on all democracy believers, activists and practitioners to join forces with it in frustrating the diabolical intention of the forces and interests that are under oath to make the labours of our heroes past to be in vain.
Toyin Oloye,
Secretary, HRJPF