Nana Nwachukwu V Attorney General Of The Federation And The National Assembly Of The Federal Republic Of Nigeria Suit No Fhc/Abj/Cs/539/2013 Seeking The Interpretation Of Section 29(4) (B) Of The Constitution Of The Federal Republic Of Nigeria, 1999 (AS AMENDED)

Press Statement Issued By The Public Interest Lawyers League (PILL):

Nana Nwachukwu V Attorney General Of The Federation And The National Assembly Of The Federal Republic Of Nigeria Suit No Fhc/Abj/Cs/539/2013 Seeking The Interpretation Of Section 29(4) (B) Of The Constitution Of The Federal Republic Of Nigeria, 1999 (AS AMENDED)

Following the controversial Constitutional Review Session of the Senate of the Federal Republic of Nigeria of Tuesday 16^th July, 2013, on Section 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the agitations and protests that raged against what many Nigerians considered as ‘’the Senate’s attempt to legalise child marriage in Nigeria’’, lawyers from the Public Interest Lawyers League have approached the Federal High Court sitting in Abuja for interpretation of the said Section 29 (4) (b).

In an Originating Summons (Nana Nwachukwu v Attorney General of the Federation and the National Assembly of the Federal Republic of Nigeria, Suit  No FHC/ABJ/CS/539/2013 ) supported by 7-paragraphs ‘Grounds Upon Which The Reliefs Are Sought, 15-paragraphs affidavits in support sworn to by the Plaintiff and a 12-paged written address- filed by Messrs Abdul Mahmud, Kelvin Okoro and James Ude of the Public Interest Lawyers League (PILL) on behalf of Ms Nana Nwachukwu, an Abuja-based lawyer, women and child rights activist, the Plaintiff  seeks the determination of the following questions:

1.Whether having regard to the provisions of Sections 29 (1) and 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Constitution does not confer legality on a marriage contracted by any woman who is below the minimum legal age of marriage prescribed by Section 21 of the Child Rights Act, 2003.

2. Whether Section 29(4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relates ONLY to renunciation of citizenship.

And the following Declaratory Reliefs:

1. A DECLARATION that Sections 29 (1) and 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) do not confer legality on a marriage contracted by any woman who is below the minimum legal age of marriage prescribed by Section 21 of the Child Rights Act, 2003.
2. A DECLARATION that Section 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relates ONLY to the renunciation of citizenship.

Summary of the Plaintiff’s Originating Summons is here annexed to this email. No date has been fixed for the hearing of the suit.

Thanks.

Abdul Mahmud, ESQ

(President)

5^th August, 2013.

–

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO FHC/ABJ/CS/539/2013

BETWEEN

NANA NWACHUKWU                                                          PLAINTIFF                                 

AND

1. ATTORNEY GENERAL OF THE FEDERATION       DEFENDANTS

2. THE NATIONAL ASSSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA

ORIGINATING SUMMONS BROUGHT UNDER ORDER 3 RULES 6, 7, 8 AND 9 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2009 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT

LET ALL the above named defendants of the address endorsed at the foot of this summons, within THIRTY days after the service of this summons on him, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of the PLAINTIFF for the determination of the following questions and reliefs sought in the consequences thereof.

                     QUESTIONS FOR DETERMINATION

1.Whether having regard to the provisions of Sections 29 (1) and 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Constitution does not confer legality on a marriage contracted by any woman who is below the minimum legal age of marriage prescribed by Section 21 of the Child Rights Act, 2003.

2. Whether Section 29(4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relates ONLY to renunciation of citizenship.

If the answers to the above questions are YES, the Plaintiff claims the following reliefs against the Defendants jointly and severally:

1. A DECLARATION that Sections 29 (1) and 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) do not confer legality on a marriage contracted by any woman who is below the minimum legal age of marriage prescribed by Section 21 of the Child Rights Act, 2003.
2. A DECLARATION that Section 29 (4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relates ONLY to the renunciation of citizenship.

AND FOR SUCH ORDER OR OTHER ORDERS or consequential reliefs as the Honourable Court may deem fit, just and expedient to make in the circumstance of this case.

GROUNDS FOR WHICH THE RELIEFS ARE SOUGHT:

1. The Senate of the National Assembly of the Federal Republic of Nigeria during its 16^th of July, 2013 Debate Session on the Review of the Constitution of the Federal Republic of Nigeria was confronted with the question of what interpretation it could  place on Section 29(4) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Senate considered the provisions of the above Section 29(4) (b) as discriminatory and in it in conflict with Section 42 of the Constitution, 1999; and sought to delete it;
2. The Senate of the Second Defendant voted to delete the said Section 29 (4) (b). However, a second vote taken at the instance of Senator Ahmed Yerimah resulted in the reinstatement of the said Section 29(4) (b);
3.  That the reinstatement of the said Section 29(4) (b) caused a public outcry. Many Nigerians objected to what they called the Senate’s attempt to legalise Child Marriage in Nigeria. Civil society leaders, child rights activists led a protest to the Second Defendant where they met with the President of the Senate of the Second Defendant and called for the deletion of the said Section as it seeks to legalise child marriage that the Child Rights Act, 2003 CAP C50, Laws of the Federation of Nigeria, 2004 expressly prohibits;
4. The anger expressed by leaders of Civil Society Organisations represented that which Nigerian youths expressed on the streets of Nigeria;
5. Where the said Section 29 (4) (b) appears recondite to many citizens of Nigeria, it is the duty of the Honourable Court to give clarity to its meaning, in order deepen legal jurisprudence and  advance constitutional democracy;
6. The interpretation of the above Section 29(4) (b) by the Honourable Court will educate citizens on the fact that the said Section 29 (4) (b) does not in any way confer constitutional legality on a marriage contracted by any woman who is below the minimum legal age of marriage prescribed by Section 21 of the Child Rights Act, 2003, CAP C50, Laws of the Federation of Nigeria, 2004; and that the said Section 29(4) (b) relates specifically to the renunciation of citizenship, if the Honourable Court employs the literal rule of statutory interpretation by giving the words used in the Constitution their ordinary meanings;
7. The Declarations sought herein will in no small measure help the Honourable Court to further the overriding objectives of the National Assembly of the Federal Republic of Nigeria with a view to advancing the rights contained in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and affording the protection intended by the Child Rights Act, 2003 and any other Acts.      

Dated this 5^th day of August 2013

The address of the plaintiff is at 3^rd floor, Reinsurance House, Plot 784, Herbert Macaulay Way, Central Business District, Abuja.

This Summons was taken out by Abdul Mahmud ESQ of the Public Interest Lawyers League (PILL) and two others,  Legal Practitioners to the Plaintiff whose address is at 3^rd floor, Reinsurance House, Plot 784, Herbert Macaulay Way, Central Business District, Abuja.

Abdul Mahmud, ESQ

                                     Kelvin Okoro, ESQ

                                     James Ude, ESQ

                                     Legal Practitioners

The defendants may appear by entering appearance personally or by legal practitioners either by handling in the appropriate forms duly completed at the Federal High Court Registry or by sending them to that office by post.

NOTE:

If the defendants do not enter appearance within the time and at place above mentioned, such orders will be made and proceedings may be taken as judge may deem just and expedient.

_____________________________________

 JUDGE

ADDRESS FOR SERVICE:

1. The Attorney General of the Federation

Federal Ministry of Justice,

Abuja.

2. The 2^nd Defendant,

National Assembly Complex,

Three Arms Zone,

Abuja.