The Federal High Court sitting at Court 1, Awka presided over by Justice Hyeladzira Nganjiwa has adjourned the fundamental human rights case instituted by an Onitsha-based human rights lawyer, Dr Jezie Ekejiuba, against the Federal Government and four others seeking for disqualification of the the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, to February 1, 2023 for hearing.
Justice Nganjiwa fixed the date after hearing the ex-parte application moved by Dr Ekejiuba for substituted service of the originating processes on the Respondents.
The court granted an order to serve the Respondents at their respective headquarters at Abuja by substituted means.
The rights lawyer in the suit is arguing that by allowing Atiku to contest the election, his right as a Nigerian citizen would be infringed upon.
He added that it will be fundamentally wrong for President Muhammadu Buhari, a northerner to hand over to Atiku, another northerner in 2023.
He insisted that power rotation policy between the northern and southern Nigeria which have been in practice since 1999 to date should be respected and every Nigerian should be given a sense of belonging
Ekejiuba, in his legal argument in support of the application stated that his fundamental right to be accorded his privilege or advantage is protected under Section 42(1)(b) of the amended 1999 Constitution of Nigeria which prohibits inequality or unequal treatment of citizens.
As well that his constitutional right to have or be given a sense of belonging to the nation which is his privilege or advantage is donated to him and protected as a Federal Character of Nigeria State Policy under Section 14(3) of the Constitution of Nigeria as amended and defined by Section 318 of the same Constitution.
Joined in the suit No. FHC/AWK/CS/198/2022 as 2nd, 3rd, 4th and 5th Respondents are the AGF, INEC, PDP and Alhaji Atiku Abubakar.
Ekejiuba who is the president of Voters Rights Association of Nigeria (VRAN) is, amongst other reliefs, seeking for N200 million from each of the Respondents as compensatory and general damages for the threatened violation or gross violation of his fundamental right to freedom from discrimination.
He is also seeking for an Order setting aside, nullifying and or voiding ab initio any election of the 5th Respondent (Atiku Abubakar) as the next President of Nigeria to succeed President Muhammadu Buhari during the 2023 Presidential election for same being discriminatory against him (Applicant) and a gross violation of the provision of Section 42(1)(b) of the 1999 Constitution of Nigeria as amended.
The suit was brought under Order II Rules (1 ) to (5) of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Section 42 (1)(b) and 46(1) and (2) of the 1999 Constitution of Nigeria as amended; and the inherent jurisdiction of the Honourable Court as preserved by Section 6(6) (A) and (B of the 1999 Constitution of Nigeria as amended. Read more.
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