Date Published: 02/18/10
Human Rights, Justice and Peace Foundation (HRJPF)
93, Market Road, First Floor (Back)
Aba, Abia State, Nigeria
E-mail: hrjpfoundation@yahoo.com
Tel: +234 (0) 803 505 6312
18 th February, 2010
PRESS RELEASE
Jonathan: HRJPF sues AGF, NASS, et al
The Human Rights, Justice and Peace Foundation (HRJPF), an Aba, Abia State-based non-profit and non-governmental organization, and its President, Chidi Nwosu, have dragged the Attorney-General of the Federation, National Assembly, President of the Senate and Speaker of the House of Representatives to a Federal High Court, Abuja over the National Assembly’s resolution empowering Vice President Goodluck Jonathan as Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
Recall that the HRJPF had in press release entitled “Jonathan: National Assembly’s Resolution Illegal”, threatened to challenge in court the action of the apex lawmaking body, arguing that it was not in conformity with Section 145 of the 1999 Constitution.
In the suit no.: FHC/ABJ/CS/109/2010, the HRJPF and its President through their
counsel, J. S. Okutepa Esq. of J.S Okutepa & Co, are seeking the determination
of the following:
(i) Whether upon a proper and calm view and interpretation of the provisions of the constitution of the Federal Republic of Nigeria 1999 particularly S.145 thereof, read together with S.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 the 3 rd and 4 th defendant 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 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.
Reliefs sought are:
(i) A declaration that by virtue of S.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 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 House of Representatives of the Federal Republic of Nigeria, presided over by the 3 rd and 4 th defendants, making and or asking the Vice President of the Federal Republic of Nigeria to start acting as the Acting President of Nigeria, is not only ultra vires the powers and jurisdiction of the 2 nd defendant, but the said resolution is a gross subversion and violation of the 1999 constitution.
(iii) An order directing the defendants to produce before this Honourable Court, the resolution wherein the Vice president was asked to start acting as the Acting 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 2 nd, 3 rd and 4 th defendants to invoke S.143 of the 1999 Constitution and impeach the president and that the refusal of the 2 nd, 3 rd and 4 th defendants to resort to S.143 to settle the constitutional Logjam created by the failure of the president to transmit a written declaration pursuant to S.145 of the constitution 1999, 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.
As at the time of this report, no date has been fixed for the hearing of this suit.
Toyin Oloye (Mrs)
Secretary, HRJPF
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