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The National Conscience Affair (NCP) has asked a cloister to adjustment the Federal Ministry of Bloom to set up a Medical Board to appraise President Yar’Adua immediately, and to acknowledge the abortion or abnegation of the government to acquiesce such assay illegal. In a clothing filed at the Federal High Cloister in Abuja today by Mr. Femi Falana on account of the NCP, the affair additionally asked the cloister to acknowledge the 2009 account illegal, unconstitutional, absent and abandoned in actualization of the diplomacy in which the President was said to accept alive it in Saudi Arabia in December 2009.  IN THE FEDERAL HIGH COURT OF NIGERIAHOLDEN AT ABUJASUIT NO:…………

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BETWEEN:

NATIONAL CONSCIENCE PARTY            )…..    PLAINTIFF

AND

ATTORNEY-GENERAL OF THE FEDERATION    )…..    DEFENDANT

ORIGINATING SUMMONSBROUGHT PURSUANT TO:        1.    Adjustment 3 Rules 9 of the Federal High Cloister             (Civil Procedure) Rules 2009.2.    Inherent Jurisdiction of the Court.

LET the Defendant aural thirty canicule afterwards account of this Summons on them across-the-board of the day of such account account an actualization to be entered for them to this Summons which is issued on the appliance of the Plaintiff for the assurance of the afterward questions:

QUESTIONS FOR DETERMINATION

1.    WHETHER President Umaru Yaradua is competent to acceptance to bills allowable by the National Assembly while on medical vacation or contrarily clumsy to acquittal the functions of his office.

2.    WHETHER President Umaru Yaradua who has been on medical vacation or ailing leave for added than 42 agenda canicule aural twelve agenda months care not be advised by a Medical Board.

RELIEFS SOUGHT BY THE PLAINTIFF

1.    A DECLARATION that the Supplementary Appropriation Act 2009 is illegal, unconstitutional, absent and abandoned as it was purportedly assented to by President Umaru Musa Yaradua on or about December 29, 2009 while on medical vacation in Saudi Arabia on or about December 2009.

2.    AN ORDER OF PERPETUAL INJUNCTION abstinent the Federal Government, its officials, agents and privies from implementing the Supplementary Appropriation Act 2009 in any address whatsoever and howsoever.

3.    A DECLARATION that the abortion or abnegation of the Federal Government of Nigeria Defendant to acquiesce a Medical Board to appraise President Yaradua is actionable as it violates branch 7, Section 3 of Chapter 7 of the Federal Government Accessible Account Rules, 2006 as amended.

4.    AN ORDER administering the Federal Ministry of Bloom to set up a Medical Board to appraise President Yaradua forthwith.

THIS SUMMONS was taken out by MR. FEMI FALANA of FALANA & FALANA & FALANA’S CHAMBERS of No 22, Mediterranean Street, Imani Estate, Off Shehu Shagari Way, Maitama District, Abuja on account of the aloft –named Plaintiff.

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Note: 1.    The Defendant may arise hereto by entering actualization alone or by a Acknowledged Practitioner either by handing in the adapted forms appropriately completed at the High Cloister Registry or by sending them to that appointment by post.

         2.    If the Defendant does not access actualization aural the time and at the abode aloft mentioned such orders will be fabricated and diplomacy may be taken, as the Judge may anticipate aloof and expedient.        …….…………JudgeDated this ……….day of January, 2010…………………………………………..FEMI FALANA ESQ.FALANA & FALANA’S CHAMBERSPLAINTIFF’S COUNSEL22, MEDITERRANEAN STREET,IMANI ESTATE, OFF SHEHU SHAGARI WAY,MAITAMA DISTRICT, ABUJAe-mail: [email protected]Tel: 017401929FOR SERVICE ON:THE DEFENDANTATTORNEY-GENERAL OF THE FEDERATIONFEDERAL MINISTRY OF JUSTICEFEDERAL SECRETARIAT, ABUJA 

IN THE FEDERAL HIGH COURT OF NIGERIAHOLDEN AT ABUJASUIT NO:…………BETWEEN:

NATIONAL CONSCIENCE PARTY            )…..    PLAINTIFF

AND

ATTORNEY-GENERAL OF THE FEDERATION    )…..    DEFENDANT

AFFIDAVIT IN SUPPORT

I, SAM OGALA, Male, Nigerian Citizen of No 22 Mediterranean Street, Imani Estate, Off Shehu Shagari Way, Maitama District, Abuja do hereby accomplish adjuration and accompaniment as follows:

1.    I am a Acknowledged Practitioner in Falana & Falana’s Chambers, Solicitors to the Plaintiff herein.

2.    By advantage of my position I am accustomed with the facts of this case.

3.    I accept the ascendancy and accord Plaintiff to depose to this affidavit.

4.    Mr. Yinusa Tanko, the General Secretary of the Plaintiff a me and I absolutely accept as follows:

    i.    That the Plaintiff is a registered political affair in Nigeria.

ii.    The associates of the Plaintiff who are alive active pay their taxes as and back due.

5.    On November 23, 2009 the Federal Government arise that President Umaru Musa Yaradua had proceeded on medical vacation.

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6.    It was added arise by the Federal Government that President Yaradua had been accepted to the King Faisal Specialist Hospital in Jeddah, Saudi Arabia for the analysis of astute pericarditis.

7.    On December 29, 2009 the Federal Government arise that President Yaradua had alive the Supplementary Appropriation Bill 2009 on his ailing bed in Saudi Arabia.

8.    I listened to the account of President Yaradua on the Hausa Account of the BBC back he said that he would acknowledgment to Nigeria to resume assignment whenever he is absolved from the hospital by his doctors. Absorbed herewith and apparent Display “A” is a address of the account in the Daily Trust bi-weekly of Wednesday, January 13, 2010.

9.    On or about December 29, 2009 back President Yaradua was declared to accept assented to the Supplementary Bill 2009 he was not on assignment and was clumsy to acquittal the functions of his office.

10.    The Federal Government has bootless to ensure that its budgetary and banking diplomacy are conducted in a cellophane manner.

11.    I was in this Honourable Cloister on Friday, January 22, 2009 back the Honourable Chief Judge delivered acumen in Clothing No: FHC/ABJ/CS/754/2009 (Between Honourable Farouk Adamu v. Attorney-General of the Federation).

12.    In the said acumen this Honourable Cloister gave the Controlling Council of the Federation 14 canicule aural which to canyon a resolution on the bloom of the President.

13.    The adjustment of this Honourbale Cloister cannot be agitated out after a address able and submitted to the Controlling Council of the Federation by the Medical Board.

14.    I accomplish this acknowledgment in acceptable faith.

………………DEPONENT

SWORN TO at the FederalHigh Cloister Registry, AbujaThis………….day of January, 2010.

BEFORE ME

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIAHOLDEN AT ABUJASUIT NO:…………

BETWEEN:

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NATIONAL CONSCIENCE PARTY            )…..    PLAINTIFF

AND

ATTORNEY-GENERAL OF THE FEDERATION    )…..    DEFENDANT

PLAINTIFF’S WRITTEN ADDRESS IN SUPPORT OF ORIGINATING SUMMONS.

1.00    INTRODUCTION

1.01    This is an Originating Summons brought pursuant to Adjustment 3 Rule 9 of the Federal High Cloister (Civil Procedure) Rules 2009. By this Originating Summons the Plaintiff seeks the afterward reliefs:

1.    A DECLARATION that the Supplementary Appropriation Act 2009 is illegal, unconstitutional, absent and abandoned as it was purportedly assented to by President Umaru Musa Yaradua on or about December 29, 2009 while on medical vacation in Saudi Arabia on or about December 2009.

2.    AN ORDER OF PERPETUAL INJUNCTION abstinent the Federal Government, its officials, agents and privies from implementing the Supplementary Appropriation Act 2009 in any address whatsoever and howsoever.

3.    A DECLARATION that the abortion or abnegation of the Federal Government of Nigeria Defendant to acquiesce a Medical Board to appraise President Yaradua is actionable as it violates branch 7, Section 3 of Chapter 7 of the Federal Government Accessible Account Rules, 2006 as amended.

4.    AN ORDER administering the Federal Ministry of Bloom to set up a Medical Board to appraise President Yaradua forthwith.

1.02    There is a acknowledging affirmation of 14 paragraphs. The Plaintiff relies on all the averments in the said affirmation and the display absorbed thereto.

2.00    ISSUES FOR DETERMINATION

2.01    The Plaintiff respectfully submits that the issues for assurance in the Originating Summons are two namely:

1.    WHETHER President Umaru Yaradua is competent to acceptance to bills allowable by the National Assembly while on medical vacation or contrarily clumsy to acquittal the functions of his office.

2.    WHETHER President Umaru Yaradua who has been on medical vacation or ailing leave for added than 42 agenda canicule aural twelve agenda months care not be advised by a Medical Board.

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3.00    ARGUMENTS

3.01    ISSUE ONE:    WHETHER President Umaru Yaradua is competent to acceptance to bills allowable by the National Assembly while on medical vacation or contrarily clumsy to acquittal the functions of his office.

3.02    In the affirmation in abutment of the Originating Summons the Plaintiff has apparent that President Yaradua has been on medical vacation or ailing leave back November 23, 2009. In his BBC account of January 12, 2010 President Yaradua thanked Nigerians for praying for him and accepted that he is on leave. Back asked back he would acknowledgment to assignment he declared that it would depend on back he would be absolved by his doctors “to acknowledgment home to resume duty”.

3.03    According to the Black’s Law’s Dictionary the chat “vacation” means:

“A alcove or leave of absence, a acquittal or time of acquittal from alive assignment or employment; an abeyance or blow aeon during which action or assignment is suspended. It is a aeon of abandon from duty, or work, but not the end of employment.”

3.04    It is submitted that the President cannot accurately accomplish any official action or acquittal the duties of his appointment while on medical vacation or ailing leave. Thus, the acceptance purportedly accustomed to the Supplementary Appropriation Bill 2009 by President Yaradua back he was on medical vacation or ailing leave is illegal, absent and abandoned and of no aftereffect whatsoever.

3.05    In Itaye & Ors. v. Ekaidere & Ors. (1978) NSCC 485 the Supreme Cloister declared that the acumen delivered on August 25, 1975 by the Bendel Accompaniment High Cloister was illegal, absent and abandoned and set it a on the arena that it took abode during the anniversary vacation of the Court. According to Obaseki JSC:

“The authors of Vol. 5 Strouds Judicial Dictionary Edition at P. 2921 authentic the byword ‘time of vacation’ of the Courts as follows:

‘Time of vacation’ of the Courts captivated to beggarly such time as the Cloister is not sitting (Walsh v. Grier in Rep 4 Eq 303 Blake 8 lr Rep 505)’

There is no analogue of ‘vacation’ in our Rules but there is in the White Book, i.e Supreme Cloister Practice 1976; therein the analogue accustomed in Adjustment 1 Rule 4 reads:

‘Vacation agency the breach amid the end of any of the sittings mentioned in Adjustment 62 Rule 1 and the alpha of the aing sittings’

We are accordingly in no agnosticism that it is the law that the High Cloister will not commonly sit or accessible during vacation to apprehend or abide the audition of cases. While the anniversary cloister vacation cannot be declared as accessible holiday, its acknowledged aftereffect on cloister diplomacy is similar.

In the case of Justus Olayemi Ososami v. The Commissioner of Police (1952/1955) of WACA Verity C.J., ambidextrous with the amends of sitting on the accessible holidays, said at folio 24:

‘It has afresh been captivated by this Cloister that a accessible anniversary is like a Sunday, dies no juridicus, and that no law proceeding, can be captivated on such a day”.

3.06    In Attorney-General of Bendel Accompaniment v. Attorney-General of the Federation (1983) 2 NCLR 1 the Supreme Cloister declared absent and abandoned the Allocation of Revenue (Federation Account etc) Act 1, 1981 as it was not anesthetized in accordance with the accoutrement of Section 54,55 and 58 of the Constitution of the Federal Republic of Nigeria, 1979.

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3.07    In the ablaze of the above the declared signing of the Supplementary Appropriation Bill 2009 by the President at the time he was on medical vacation or ailing leave is illegal, unconstitutional, absent and void. To that extent, the Supplementary Appropriation Act 2009 care to be set a after any added ado.     Affair one should be bound in favour of the Plaintiff. 4.00    ISSUE TWO : WHETHER President Umaru Yaradua who has been on medical vacation or ailing leave for added than 42 agenda canicule aural twelve agenda months care not be advised by a Medical Board.

4.01    In this case, it has been apparent by the Plaintiff that President Yaradua commenced a medical vacation on November 23, 2009. Back he has exceeded the 42 agenda canicule accustomed aural 12 agenda months it is submitted that he care to abide himself for assay by a Medical Board after any added delay.

4.02    This is in band with Branch 070316, Section 3 in Chapter 7 of the Federal Government Accessible Account Rule 2006 which provides that area an administrator has been absent from assignment on the arena of ill-health for an accumulated aeon in balance of 42 agenda months aural 12 agenda months he shall be fabricated to arise afore a Medical Board with a actualization to its actuality absolute whether he/she should be accurate from service.

4.03    On the account of the Federal Government Accessible Account Rules 2006 to adopted accessible admiral branch 010101 of Chapter 1 thereof provides that:

 “In so far as the holders of the offices of:

The President;The Vice President;Chief Justice of NigeriaJustices of the Supreme Court;President and Justices of the Cloister of Appeal;Chief Judge and Judges of the High Cloister of the Federal Capital Territory;Grand Kadi and Kadis of the Sharia Cloister of Appeal of the Federal Capital Territory;President and Judges of the Customary Cloister of Appeal of the Federal Capital Territory;The Chairman and associates of the afterward controlling bodies, namely;

i.    The Code of Conduct Bureauii.    The Federal Civil Account Commission;iii.    The Independent National Electoral Commission;iv.    The Federal Character Commission;v.    The Code of Conduct Tribunal;vi.    The Revenue Mobilization, Allocation and Budgetary Commission;vii.    The Police Account Commission; andviii.    The Auditor-General of the Federation; and

And any added agnate organs that acquire their accessories from the Constitution of the Federal Republic of Nigeria are concerned, these Rules administer alone to the admeasurement that they are not inconsistent with the accoutrement of the Constitution of the Federal Republic of Nigeria in so far as their altitude of account and any added law applicative to these admiral are concerned”.

4.04    Back the affair of assay by a Medical Board is not inconsistent with any accouterment of the Constitution President Yaradua care to be subjected to a medical assay forthwith. This has become burning in actualization of the adjustment fabricated by this Honourable Cloister in Clothing No: FHC/ABJ/CS/754/2009 (Honourable Farouk Adamu & Anor. v. Attorney-General of the Federation) to the aftereffect that the Controlling Council of the Federation should assemble and canyon a resolution on the bloom of the President pursuant to Section 144(1) of the Constitution of the Federal Republic of Nigeria, 1999.

4.05    It is submitted that unless an assay is conducted by a Medical Board the Controlling Council of the Federation is not in a position to canyon a resolution of absolution the functions of his appointment in band with the adjustment of this Honourable Court. Affair two care to be bound in favour of the Plaintiff. 

5.00    LIST OF AUTHORITIES

1.    Itaye & Ors. v. Ekaidere & Ors. (1978) NSCC 485

2.    Attorney-General of Bendel Accompaniment v. Attorney-General of the Federation (1983) 2 NCLR 1

Dated this………….day of January, 2010

…………………………………………..FEMI FALANA ESQ.FALANA & FALANA’S CHAMBERSPLAINTIFF’S COUNSEL22, MEDITERRANEAN STREET,IMANI ESTATE, OFF SHEHU SHAGARI WAY,MAITAMA DISTRICT, ABUJAe-mail: [email protected]Tel: 017401929FOR SERVICE ON:

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THE DEFENDANTATTORNEY-GENERAL OF THE FEDERATIONFEDERAL MINISTRY OF JUSTICEFEDERAL SECRETARIAT, ABUJA

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