The Financial Secretary of the Abuja Branch of the NBA, Mr. Ebuka Nwaeze Esq. has dragged the Department of State services (DSS), the Inspector General of Police (IGP) and the Attorney General of the Federation [AGF] to court over the quit notice issued to Igbos by Arewa Youths Coalition.
Mr. Nwaeze is seeking the enforcement of his fundamental rights of life, freedom of movement, freedom from discrimination and ownership of property.
The applicant brought the matter by way of an originating motion in the Federal High Court under the Fundamental Rights and Enforcement Procedure Rules (FREP rules) FHC/ABJ/CS/560/2017.
He sought for certain reliefs in the “statement” annexed to the motion. Among the reliefs sought are:
– a declaration that the statement made by members of the coalition of the Northern Youths at Arewa House, Kaduna, on the 6th day of June, 2017 is unconstitutional and a grave threat to the rights of the applicant as stated above, and as guaranteed and protected by the 1999 Constitution of the Federal Republic of Nigeria and the African Charter of Human and People’s Right (Ratification and Enforcement) Act;
– a declaration that the respondents being the DSS, IGP and Attorney General of the federation have an obligation under the said Laws and all other Laws of the federation enabling them in that behalf, to create and maintain for the applicant and all those against whom the “Kaduna Declaration” was directed, a general satisfactory environment favourable for their development in all parts of Nigeria;
– an order mandating the DSS and the IGP to arrest, restrain and investigate the makers, signatories and sponsors of the speech termed “Kaduna Declaration” which has threatened the rights of the applicant, and those of the southern origin of the country, particularly the Igbo extractions and,
– an order mandating the Attorney General of the Federation to investigate and prosecute those involved.
On the grounds upon which the reliefs are sought, the applicant emphasized the fact that against the call of the Kaduna State Governor and other political leaders to arrest the said violators, the 1st and 2nd respondents, being the DSS and the IGP neglected and/or refused to carry out the lawful duty in that regard.
The processes which were supported by a 26 paragraph affidavit sworn to at the Registry of the Federal High Court, Abuja on the 22nd day of June, 2017, included the text of the said declaration that was circulated in a video.
Marked also as exhibits are newspaper publications that the applicant intends to rely on to prove his case.
The application was also supported with a written address canvassing issues bordering on the likely contravention of the said rights.
Recall that a declaration was made at Kaduna by some northern youths, giving quit notice to the Igbos living in Northern Nigeria to leave the Northern part of Nigeria within three months of the giving of the notice.
The said declaration draw the attention of many from far and near, giving warning to the signatories, makers, and sponsors of the declaration and advising same on the need why Nigeria should remain an indivisible unit.
There were also reactions from the international community asking the perpetrators to desist from all manner of hate speech that could lead to division in the country along tribal lines.
The Kaduna state governor also charged the security officers to arrest the said youths responsible for the making of the declaration.
However, despite these calls, not one of the makers, signatories and sponsors of the declaration are so far arrested.
It is this supposed failure by the security agencies that has made the applicant in this suit to institute the action for the enforcement of his rights and that of others that may be affected by the threat made by the said northern youths.
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